In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials. Named for the U.S. Supreme Court's 1966 decision Miranda v. Arizona, these rights are often referred to as Miranda rights. The purpose of such notification is to preserve the admissibility of their statements made during custodial interrogation in later criminal proceedings. The idea came from law professor Yale Kamisar, who subsequently was dubbed "the father of Miranda."
The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world's legal systems.
In criminal law, self-incrimination is the act of exposing oneself generally, by making a statement, "to an accusation or charge of crime; to involve oneself or another [person] in a criminal prosecution or the danger thereof"..
United States v. Hubbell, 530 U.S. 27 (2000), was a United States Supreme Court case involving Webster Hubbell, who had been indicted on various tax-related charges, and mail and wire fraud charges, based on documents that the government had subpoenaed from him. The Fifth Amendment provides that no person "shall be compelled in any criminal case to be a witness against himself." The Supreme Court has, since 1976, applied the so-called "act-of-production doctrine". Under this doctrine, a person can invoke his Fifth Amendment rights against the production of documents only where the very act of producing the documents is incriminating in itself.
Witness immunity from prosecution occurs when a prosecutor grants immunity to a witness in exchange for testimony or production of other evidence.
Garrity v. New Jersey, 385 U.S. 493 (1967), was a case in which the Supreme Court of the United States held that law enforcement officers and other public employees have the right to be free from compulsory self-incrimination. It gave birth to the Garrity warning, which is administered by investigators to suspects in internal and administrative investigations in a similar manner as the Miranda warning is administered to suspects in criminal investigations.
The Fifth Amendment to the United States Constitution creates several constitutional rights, limiting governmental powers focusing on criminal procedures. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights.
Malloy v. Hogan, 378 U.S. 1 (1964), was a case in which the Supreme Court of the United States deemed defendants' Fifth Amendment privilege not to be compelled to be witnesses against themselves was applicable within state courts as well as federal courts, overruling the decision in Twining v. New Jersey (1908). The majority decision holds that the Fourteenth Amendment allows the federal government to enforce the first eight amendments on state governments.
Barefoot v. Estelle, 463 U.S. 880 (1983), is a United States Supreme Court case. The Court ruled on the admissibility of clinical opinions given by two psychiatrists hired by the prosecution in answer to hypothetical questions regarding the defendant's future dangerousness and the likelihood that he would present a continuing threat to society in this Texas death penalty case. The American Psychiatric Association submitted an amicus curiae brief in support of the defendant's position that such testimony should be inadmissible and urging curtailment of psychiatric testimony regarding future dangerousness and a prohibition of such testimony based on hypothetical data.
Heath v. Alabama, 474 U.S. 82 (1985), is a case in which the United States Supreme Court ruled that, because of the doctrine of "dual sovereignty", the double jeopardy clause of the Fifth Amendment to the Constitution does not prohibit one state from prosecuting and punishing somebody for an act of which they had already been convicted of and sentenced for in another state.
Gilbert v. California, 388 U.S. 263 (1967), was an important decision of the Supreme Court of the United States, which was argued February 15–16, 1967, and decided June 12, 1967.
United States criminal procedure derives from several sources of law: the baseline protections of the United States Constitution; federal and state statutes; federal and state rules of criminal procedure ; and state and federal case law. Criminal procedures are distinct from civil procedures in the US.
California v. Byers, 402 U.S. 424 (1971), was a case in which the Supreme Court of the United States decided that providing personal information at the scene of an accident does not infringe on one's Fifth Amendment privilege against self-incrimination.
Berghuis v. Thompkins, 560 U.S. 370 (2010), is a landmark decision by the Supreme Court of the United States in which the Court considered the position of a suspect who understands their right to remain silent under Miranda v. Arizona and is aware that they have the right to remain silent, but does not explicitly invoke or waive the right.
Ullmann v. United States, 350 U.S. 422 (1956), was a United States Supreme Court case in which the court held that a person given immunity from prosecution loses their Fifth Amendment right against self-incrimination, thus upholding the Constitutionality of the Immunity Act of 1954.
McKune v. Lile, 536 U.S. 24 (2002), is a United States Supreme Court case in which the Court determined that Kansas' Sexual Abuse Treatment Program (SATP) served a vital penological purpose and determined that allowing minimal incentives to take part in the SATP does not equal compelled self-incrimination as prohibited by the Fifth Amendment. There were three main points to the case that were used to determine the SATPs were constitutional as summarized by the National District Attorneys Association (NDAA). These included the distinct findings that, “[t]he SATP in Kansas is supported by the legitimate penological objective of rehabilitation”, that, “the fact that Kansas does not offer immunity or privilege in response to statements made by participants does not render the SATP invalid under the [fifth] amendment”, and that the, “consequences that follow for nonparticipation, do not, under the Kansas plan, combine to create compulsion, thereby infringing upon the participant’s [fifth] amendment right”. Due to the plurality of the case, no singular decision was held as a majority.
Chavez v. Martinez, 538 U.S. 760 (2003), was a decision of the United States Supreme Court, which held that a police officer does not deprive a suspect of constitutional rights by failing to issue a Miranda warning. However, the court held open the possibility that the right to substantive due process could be violated in certain egregious circumstances and remanded the case to the lower court to decide this issue on the case's facts.
Hale v. Henkel, 201 U.S. 43 (1906), was a major United States Supreme Court case in which the Court established the power of a federal grand jury engaged in an investigation into corporate malfeasance to require the corporation in question to surrender its records.
Ellis v. United States of America, 416 F.2d 791, is a case decided by the United States Court of Appeals, District of Columbia Circuit, in 1969. It addressed the question of a witness's refusal to testify on Fifth Amendment grounds. The court concluded that when a non-indicted witness who has waived their Fifth Amendment privilege by testifying voluntarily before a grand jury and with knowledge of their privilege, their waiver extends to a subsequent trial based on an indictment returned by the grand jury that heard their testimony.
Murphy v. Waterfront Commission of New York Harbor, 378 U.S. 52 (1964), was a United States Supreme Court case concerning the self-incrimination clause in the Fifth Amendment to the United States Constitution. The Court ruled that a state cannot compel a witness to provide testimony that may be incriminating under other State/Federal laws, even if it granted immunity under its own laws. Decided on the same day as Malloy v. Hogan (1964), the Supreme Court reconsidered its previous rulings that the Federal Government could compel witness testimony that could be incriminating under a state's laws, and states could similarly compel testimony that would be incriminating under Federal law.
