3 ms·
Many Miranda rights are _expressly_ granted by the Constitution. For example, the right to remain silent is clearly delineated in the Fifth Amendment [0], witho
by ghayes 6y ago
Many Miranda rights are _expressly_ granted by the Constitution. For example, the right to remain silent is clearly delineated in the Fifth Amendment [0], without the need for substantive due process.
To the point you mentioned, from the Sixth Amendement: "In all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defence." You can argue over how that counsel should be appointed, but I would categorically disagree with the interpretation that it only refers to you hiring your own attorney.
[0] "nor shall be compelled in any criminal case to be a witness against himself"
- mardifoufs 6y agoI think he meant to say that the constitution doesn't say anything about having a right to be notified about those rights when you are arrested. What could be understood to be "Miranda" rights have a very clear constitutional basis and were not established by the supreme Court, as you said... but I think the term refers more to the Miranda warning that the police has to give to suspects in custody.