What is the Miranda Doctrine?

Google+0Pin on Pinterest0Share on LinkedIn0Tweet about this on Twitter2share on TumblrShare on Reddit0Digg thisShare on StumbleUpon0Share on Facebook6
SPONSORED ADS

The Miranda Doctrine or the Miranda Warning provides that:

1. A person in custody must be informed at the outset in clear and unequivocal terms that he has the right to remain silent and that anything he says can and will be used against him in a court of law;

2. He or she has the right to consult with a lawyer and to have a lawyer with him during the interrogation;

3. If he cannot afford a lawyer, like if he is an indigent, a lawyer shall be appointed by the State to represent him;

4. His right to counsel is available at any stage of the interrogation, hence, even if he consents to answer questions without the assistance of counsel, the moment he asks for a lawyer at any point of the investigation, the interrogation must cease until an attorney is present.

If the above are not observed, the evidence obtained therefrom shall not be admissible in court.

Arresting officers are required to “Mirandize” persons who are taken into police custody and are subjected to a process of interrogation. The warning may be provided in English or in Filipino (Tagalog). Below is the Filipino Version:

“May karapatan kang manahimik;

Ano mang sasabihin mo ay maaring gamitin laban sa iyo sa loob ng hukuman;

May karapatan kang kumuha at pumili  ng sarili mong abogado;

Kung hindi mo kayang kumuha ng abogado, ang korte ang kukuha ng abogado para sa iyo.”

SPONSORED ADS