Is Miranda Warning Required Prior to Testimony Before a Grand Jury ?
In United States v. Mandujano, 425 U.S. 564, 96 S. Ct. 1768, 48 L. Ed. 2d 212 (1976), a plurality of the United States Supreme Court held that Miranda warnings are not required prior to testimony before a grand jury.
The Court noted that Miranda was intended to correct the lack of procedural safeguards during custodial police interrogations, when an individual might be pressured into giving up his or her privilege against self-incrimination.
However, "the Miranda Court simply did not perceive judicial inquiries and custodial interrogation as equivalents." Id. at 579.
The Court explained:
"To extend these concepts to questioning before a grand jury inquiring into criminal activity under the guidance of a judge is an extravagant expansion never remotely contemplated by this Court in Miranda." Id. at 580.