Everybody Needs to Understand Miranda Rights
Written By:
Karla K. McGregor, Ph.D., CCC-SLP
Boys Town National Research Hospital
Noel Tonniges
Nebraska Appleseed
People accused of crimes have rights. To protect themselves, they must understand those rights.
Many countries require police officers to inform people of their rights during arrest. These countries include Australia, Canada, France, Germany, Hong Kong, India, Israel, Japan, New Zealand, Pakistan, the Philippines, South Africa, Russia, the United Kingdom, the United States, and others.
In the United States, officers give a "Miranda Warning" to people when they arrest them. They speak the warning to them and let them read it. The Miranda Warning tells the person under arrest that:
1. You have the right to remain silent. This means you do not have to say or write anything.
2. Anything you say can be used against you in a court of law. This means that talking or writing to the officers can be dangerous. You might say or write something that makes you sound guilty.
3. You have the right to consult an attorney and have that attorney present during questioning. This means you can have a lawyer to give you advice.
4. If you cannot afford an attorney, one will be appointed for you. This means that you can have a lawyer, even if you do not have money to pay for one.
Everybody in the United States has Miranda rights. You do not need to be a citizen.
Many adolescents and adults with developmental language disorder (DLD) have a hard time understanding the Miranda Warning. The warning is not always worded in the same way as the one we hear on TV. The stress and fear of the situation can also interfere with understanding. People might also give up their Miranda rights because they want to be helpful. But it is important to realize that it is not the job of the police to be helpful to you at the time of an arrest. You must help yourself.
The language of the Miranda Warning is also complicated:
Some vocabulary words like rights, attorney, consult, waive, and appoint may be unfamiliar.
The sentences are complicated. All four of the sentences underlined above have more than one idea. That makes them hard to process and remember.
The meaning of the Miranda Warning is vague and might vary from place to place. For example, in the State of Nebraska, “you have the right to remain silent” means:
You must tell the officers that you want to remain silent. Sitting quietly is not enough.
If you want a lawyer, you must tell the officers, even when you have chosen to remain silent.
If they ask, you must tell the officers your name, even when you choose to remain silent.
Your right to remain silent means that you do not have to speak AND you do not have to write, except to give them your name and ask for a lawyer.
Your right to remain silent exists in your home, on the street, in a car, and if you are under arrest or in jail. But the officers will not give you a Miranda Warning unless you are under arrest. You have the right to remain silent even if they have not given you a Miranda Warning.
If you are a person with DLD, we encourage you to discuss the Miranda Warning used where you live with someone who can help you understand your rights completely. Your parent, speech-language pathologist, counselor, or teacher can help you.
You may also keep a “My Rights Card” with your car registration and ID. When you give the card to the officer, you have told them that you want your Miranda Rights. These cards are the product of the Nebraska ACLU. You can download and print similar cards for no charge here (Know Your Rights).
ReferencesRost, G. C., & McGregor, K. K. (2012). Miranda rights comprehension in young adults with specific language impairment. American Journal of Speech Language Pathology, 21, 101-108.