What are Miranda Rights in criminal defense law?
Miranda rights are a set of rights given to criminal suspects by the U.S. Supreme Court to ensure that they are aware of their rights and do not unknowingly give up those rights when questioned by police. The Miranda rights were established in 1966, in the U.S. Supreme Court case Miranda v. Arizona. Miranda rights consist of four basic rights: the right to remain silent, the right to an attorney, the right to an attorney appointed by the court if the accused cannot afford one, and the right to stop the interrogation if requested by the accused. In Kansas, when a person is arrested, they must be read these rights or any statements they make may not be admissible in court. This requirement is known as the Miranda warning. This warning must be given by the arresting officers and must be done prior to any interrogation or questioning. Kansas law states that “No evidence obtained from the defendant as a result of a custodial or non-custodial interrogation or otherwise shall be admissible in any criminal proceeding against the defendant unless the defendant has, prior to and during the course of the interrogation or questioning, been advised of the defendant’s right to remain silent, the right to an attorney, the right to have an attorney appointed, and the right to terminate the interrogation at any time.” In short, Miranda rights in criminal defense law in Kansas are the set of rights that allow criminal suspects to remain silent, be represented by an attorney, and terminate any interrogation when requested, in order to protect those suspects from unknowingly giving up their rights.
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