Explain the fundamentals of Miranda v. Arizona, what happens if the Miranda warning is not given, ...

In 1966, the Supreme Court, in the case of Miranda v. Arizona, created objective standards for questioning by police after a defendant has been taken into custody; police must inform the individual of the Fifth Amendment right to be free from self-incrimination. If the defendant is not given the Miranda warning before the investigation, the evidence obtained from the interrogation cannot be admitted at trial. The accused can waive his or her Miranda rights at any time. However, for the waiver to be effective, the state must first show that the defendant was aware of all the Miranda rights and must then prove that the waiver was made with the full knowledge of constitutional rights.

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