Wednesday, July 20, 2016

Law Library of Congress Report on Miranda Warning Equivalents Around the World

The Law Library of Congress in Washington, D.C. has published a report a little while ago about Miranda Warning Equivalents in more than 100 countries around the world.

In the United States, so-called Miranda rights are named after the US Supreme Court decision of Miranda v. Arizona, 384 US 436 (1966) that determined that a person detained by law enforcement and interrogated must be made aware of the right to remain silent, the right to consult with an attorney and have the attorney present during questioning, and the right to have an attorney appointed if they can't afford one. Without a Miranda warning or a valid waiver, statements might be inadmissible at trial.

According to the introduction of the Law Library of Congress report:
"The warnings specified in the surveyed jurisdictions vary, but typically include the right to remain silent and the right to legal counsel.  A number of countries also specify that a person who is arrested or detained has the right to be informed of the reasons for the arrest or detention or of the charges being brought.  In some countries, the additional right to have these things explained in a language the detainee understands is explicitly stated.  Commonwealth countries have traditionally followed the English Judges’ Rules developed in the early twentieth century, and some continue to do so, while many Member States of the European Union (EU) have adopted an EU directive on the issue."

"Points of variance among the countries concern the timing of the warning and whether the detainee is told that the fact of remaining silent will or will not be used in legal proceedings."   

"Countries surveyed that have no Miranda-type warning were not included. "
The Law Library of Congress is the world’s largest law library, with a collection of over 2.65 million volumes from all ages of history and virtually every jurisdiction in the world.

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posted by Michel-Adrien at 9:44 pm

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