What are Miranda warnings in criminal procedure?

Miranda warnings are a fundamental part of criminal procedure in Hawaii. They are a set of warnings that must be read to a person in police custody before he or she can be questioned by law enforcement. The Miranda warning was established in 1966 by the Supreme Court in the Miranda v. Arizona case. The Miranda warning is named from the defendant in that case, Ernesto Miranda. The Miranda warning requires police to read the following four statements to any person in custody they wish to question: 1) You have the right to remain silent; 2) Anything you say can and will be used against you in a court of law; 3) You have the right to an attorney; and 4) If you cannot afford an attorney, one will be appointed for you by the court. These warnings are crucial to protect an individual’s Fifth Amendment right against self-incrimination. If a person in police custody requests an attorney, any questioning must cease until the attorney is present. Any statements made prior to the issuance of the Miranda warnings (or before a request for an attorney) may not be used as evidence in court. In Hawaii, completion of the Miranda warning is an essential part of criminal procedure and must be followed for any valid questioning of a person in police custody.

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