Miranda Rights

Definition

The warnings police must give suspects before custodial interrogation, including the right to remain silent and the right to an attorney. They're named after a Supreme Court case and basically prevent cops from shocking confessions out of you.

Example Usage

The officer read the Miranda rights to the suspect before questioning him at the station.

Origin

From Miranda v. Arizona (1966), a landmark Supreme Court case

Fun Fact

Ironically, the defendant in Miranda v. Arizona (Ernesto Miranda) was retried after his conviction was overturned, convicted again, and later murdered in a bar fight

Source: Criminal procedure terminology

Related Terms

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long arm statute

A law allowing courts to exercise jurisdiction over out-of-state defendants who have sufficient contacts with the state. The legal system's way of saying distance doesn't equal immunity.

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counsel

The fancy legal term for a lawyer or attorney, used to make the profession sound more dignified. Can also refer to the advice lawyers give, which is ironic since you're paying $500/hour for "counsel." In court, addressing someone as "counsel" instead of "lawyer" is the professional equivalent of using someone's full title.

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preclusion

The legal equivalent of slamming a door in someone's face—it's when you're prevented from doing something, raising an issue, or re-litigating a matter that's already been decided. Courts use preclusion doctrines to prevent parties from getting infinite do-overs on the same legal questions. Once the gavel falls and preclusion kicks in, that argument is dead and buried, no matter how much you'd like to resurrect it.

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prosecute

To bring criminal charges against someone and pursue them through the justice system until conviction or acquittal. The government's official way of saying "we think you're guilty and we're going to prove it." Requires actual evidence, unlike TV shows where hunches and dramatic music suffice.

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Injunction

A court order telling someone to stop doing something, which is what judges issue when saying "knock it off" needs to be legally binding. The adult version of a teacher confiscating your phone.

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pursuant

Legal jargon's favorite pretentious way of saying 'according to' or 'in compliance with,' typically preceding a citation that nobody will actually read. Lawyers sprinkle this throughout contracts and memos to sound impressively formal while basically just pointing at rules they're following. If you see this word, brace yourself for a reference to some statute, regulation, or policy that's about to justify whatever bureaucratic nonsense comes next.

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