Editing Miranda warning (section)

===Use in various U.S. state jurisdictions===
[[File:Fugitive felon life magazine.jpg|thumb|Police detectives read the ''Miranda'' rights to a criminal suspect]]
Some jurisdictions provide the right of a juvenile to remain silent if their parent or guardian is not present. Some departments in [[New Jersey]], [[Nevada]], [[Oklahoma]], and [[Alaska]] modify the "providing an attorney" clause as follows:

{{Blockquote|We have no way of giving you a lawyer, but one will be appointed for you, if you wish, if and when you go to court.}}

Even though this sentence may be somewhat ambiguous to some laypersons, who can, and who ''have'' actually interpreted it as meaning that they will not get a lawyer until they confess and are arraigned in court, the U.S. Supreme Court has approved of it as an accurate description of the procedure in those states.<ref name=duckworth>''[[Duckworth v. Eagan]]'', {{ussc|492|195|1989}} (upholding use of sentence by [[Hammond, Indiana]] police).</ref>

In [[Texas]], [[New Mexico]], [[Arizona]], and California—the four states that border Mexico—suspects who are not United States citizens are given an additional warning:<ref>{{cite book|url=https://books.google.com/books?id=hUrRoq5_sb8C&q=Miranda+Warning+If+you+are+not+a+United+States+citizen%2C+you+may+contact+your+country%27s+consulate+prior+to+any+questioning.&pg=PA19 |title=Police and Law Enforcement – Google Books |date=May 3, 2011 |access-date=2014-07-09|isbn=9781412978590 |last1=Chambliss |first1=William J. |publisher=SAGE Publications }}</ref><ref>{{cite web |last1=Price |first1=Anna |title=Research Guides: Miranda v. Arizona: The Rights to Justice (March 13, 1963 – June 13, 1966): Overview |url=https://guides.loc.gov/miranda-v-arizona/overview |website=guides.loc.gov |publisher=Library of Congress |access-date=10 June 2023 |language=en}}</ref>

{{Blockquote|If you are not a United States citizen, you may contact your country's consulate prior to any questioning.}}

After issuance of Miranda warnings, the police may ask waiver questions. Common waiver questions, which may be included on a written warning card or document, are,<ref>{{cite journal |last1=Inbau |first1=Fred E. |title=Over-Reaction--The Mischief of Miranda v. Arizona |journal=Journal of Criminal Law and Criminology |date=Summer 1982 |volume=73 |issue=2 |page=802|doi=10.2307/1143119 |jstor=1143119 |url=https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=6317&context=jclc |url-access=subscription }}</ref>

{{Blockquote|Question 1: Do you understand each of these rights I have explained to you?

Question 2: Having these rights in mind, do you wish to talk to us now?}}

An affirmative answer to both of the above questions waives the rights. If the suspect responds "no" to the first question, the officer is required to re-read the ''Miranda'' warning, while saying "no" to the second question invokes the right at that moment; in either case the interviewing officer or officers cannot question the suspect until the rights are waived.

Generally, when defendants invoke their [[Fifth Amendment to the United States Constitution|Fifth Amendment]] right against self-incrimination and refuse to testify or submit to cross-examination at trial, the prosecutor cannot indirectly punish them for the exercise of a constitutional right by commenting on their silence and insinuating that it is an implicit admission of guilt.<ref>''[[Griffin v. California]]'', {{ussc|380|609|1965}}.</ref> Since ''Miranda'' rights are simply a judicial gloss upon the Fifth Amendment which protects against coercive interrogations, the same rule also prevents prosecutors from commenting about the post-arrest silence of suspects who invoke their ''Miranda'' rights immediately after arrest.<ref>''[[Wainwright v. Greenfield]]'', {{ussc|474|284|1986}}.</ref> However, neither the Fifth Amendment nor ''Miranda'' extend to ''pre-arrest'' silence, which means that if a defendant takes the witness stand at trial (meaning he just waived his Fifth Amendment right to remain silent), the prosecutor can attack his credibility with his pre-arrest silence (based on his failure to immediately turn himself in and confess to the things he voluntarily testified about at trial).<ref>''[[Jenkins v. Anderson]]'', {{ussc|447|231|1980}}.</ref>

Under the [[Uniform Code of Military Justice]], Article 31<ref>[https://www.law.cornell.edu/uscode/text/10/831- Article 31].</ref> provides for the right against compelled self-incrimination. Interrogation subjects under Army jurisdiction must first be given Department of the Army Form 3881, which informs them of the charges and their rights, and the subjects must sign the form. The United States Navy and United States Marine Corps require that all arrested personnel be read the "rights of the accused" and must sign a form waiving those rights if they so desire; a verbal waiver is not sufficient.

It is unclear whether a ''Miranda'' warning—if spoken or in writing—could be appropriately given to [[disability|disabled persons]]. For example, "the right to remain silent" means little to a [[deaf]] individual and the word "constitutional" may not be understood by people with only an elementary education.<ref>{{cite journal|title=Obstacles Faced by Deaf People in the Criminal Justice System|journal=American Annals of the Deaf|volume=150 |issue=3 |pages=495–516 |year=2005|doi=10.1353/aad.2005.0036|first1=McCay |last1=Vernon |first2=Katrina R. |last2=Miller|pmid=16212018 |s2cid=23119598 |url=https://ncrtm.ed.gov/sites/default/files/library/708/J305.1503.01E.pdf|archiveurl=https://web.archive.org/web/20230713180700/https://ncrtm.ed.gov/sites/default/files/library/708/J305.1503.01E.pdf|archive-date=July 13, 2023}}</ref> In one case, a deaf murder suspect was kept at a therapy station until he was able to understand the meaning of the ''Miranda'' warning and other judicial proceedings.<ref>{{cite journal |title=Deaf Murderers: Clinical and Forensic Issues |journal=Behavioral Sciences & the Law|volume=17 |issue=4 |pages=495–516 |year=1999 |doi=10.1002/(SICI)1099-0798(199910/12)17:4<495::AID-BSL361>3.0.CO;2-6 |first1=McCay |last1=Vernon |first2=Annie G. |last2=Steinberg |first3=Louise A. |last3=Montoya|pmid=10653997 }}</ref>