Miranda Rights “ You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.” Created in 1966 as a result of the U.S. Supreme Court case of Miranda v. Arizona. Miranda v. Arizona. Intended to protect the suspect’s 5th Amendment right to refuse to answer self-incriminating questions.
Investigation What happens? Police present evidence of probable cause to judge Judge issues search warrant Police conduct search Police seize evidence & talk to witnesses Police present evidence to prosecutor
Arrest What happens? Police present evidence of probable cause to judge Judge issues arrest warrant Suspect is read Miranda rights Suspect is arrested Suspect is booked
Pretrial What happens? Suspect makes initial appearance in court Suspect is released on bail Grand jury hears case Suspect may receive plea bargain Suspect is arraigned
Trial What happens? Jurors selected randomly & sent jury summons Jurors may be challenged “for cause” Lawyers issue preemptory challenges of juror selection Prosecution & Defense present evidence and call witnesses Jurors deliberate and Jury foreman announces verdict
Sentencing & Appeals What happens? Judge requests pre-sentence report Judge chooses to apply indeterminate sentence Defendant may request appeal Appeals Court may deny appeal
Corrections What happens? Guilty is sent to prison Prisoner may apply for parole Parole board hears testimony & examines evidence Prisoner may be released