No Conozco a Ninguna Miranda y Quiero Mi Abogado: The Constitutional Inadequacies of Translated “Miranda Cards” in Police Interrogations

Authors

Sean Werkhieser

Abstract

This article explores the challenges and complexities surrounding the application of the Miranda warning in the United States and specifically addresses its impact on non– English–speaking immigrants. While many Americans are familiar with these rights, recent immigrants may not fully understand them, particularly if they come from countries that do not offer equivalent legal protections. This article performs a comparative analysis of the right to silence and counsel in Cuba, Haiti, and Colombia—three countries with the largest immigrant populations in Miami, FL. Furthermore, this article examines how Miami-Dade Police address the linguistic barriers inherent in translated “Miranda Cards,” and argues that these cards alone are insufficient in ensuring a “knowing, intelligent, and voluntary” waiver. This article concludes by proposing more effective strategies to ensure non–English–speaking individuals understand their rights and that their waivers meet constitutional muster.

Recommended Citation

Sean Werkhieser, No Conozco a Ninguna Miranda y Quiero Mi Abogado: The Constitutional Inadequacies of Translated “Miranda Cards” in Police Interrogations, 56 U. MIA Inter-Am. L. Rev. 1 (2024)
Available at: https://repository.law.miami.edu/umialr/vol56/iss1/3