Miranda v. Arizona, 384 U. S. 436, 445 (1965) - Opinion of the Court
Context: Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently. If, however, he indicates in any manner and at any stage of the process that he wishes to consult with an attorney before speaking there can be no questioning. Likewise, if the individual is alone and indicates in any manner that he does not wish to be interrogated, the police may not question him. The mere fact that he may have answered some questions or volunteered some statements on his own does not deprive him of the right of refrain from answering any further inquiries until he has consulted with an attorney and thereafter consents to be questioned.
“The mere fact that he may have answered some questions or volunteered some statements on his own does not deprive him of the right of refrain from answering any further inquiries until he has consulted with an attorney and thereafter consents to be questioned.”
Miranda v. Arizona, 384 U. S. 436, 445 (1965) - Opinion of the Court
Context: Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently. If, however, he indicates in any manner and at any stage of the process that he wishes to consult with an attorney before speaking there can be no questioning. Likewise, if the individual is alone and indicates in any manner that he does not wish to be interrogated, the police may not question him. The mere fact that he may have answered some questions or volunteered some statements on his own does not deprive him of the right of refrain from answering any further inquiries until he has consulted with an attorney and thereafter consents to be questioned.
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Earl Warren 31
United States federal judge 1891–1974Related quotes
Miranda v. Arizona, 384 U. S. 436, 478-79 (1965)
Context: To summarize, we hold that, when an individual is taken into custody or otherwise deprived of his freedom by the authorities in any significant way and is subjected to questioning, the privilege against self-incrimination is jeopardized. Procedural safeguards must be employed to protect the privilege, and unless other fully effective means are adopted to notify the person of his right of silence and to assure that the exercise of the right will be scrupulously honored, the following measures are required. He must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that, if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.
Part 3: "The Sense of Human Dignity", §3 (p. 56) <!-- I find this cited in several places but not actually quoted in full anywhere. -->
Science and Human Values (1956, 1965)
Context: Positivists and analysts alike believe that the words is and ought belong to different worlds, so that sentences which are constructed with is usually have verifiable meaning, but sentences constructed with ought never have. This is because Ludwig Wittgenstein's unit, and Bertrand Russell's unit, is one man; all British empiricist philosophy is individualist. And it is of course clear that if the only criterion of true and false which a man accepts is that man's, then he has no base for social agreement. The question of how man ought to behave is a social question, which always involves several people; and if he accepts no evidence and no judgment except his own, he has no tools with which to frame an answer.
Quoted by Jane Howard in The Power That Didn't Corrupt http://books.google.com/books?id=MNSxAAAAIAAJ&q=%22Bromidic+though+it+may+sound+some+questions+don-t+have+answers+which+is+a+terribly+difficult+lesson+to+learn%22, Ms. magazine (October 1974)