Final answer:
The ruling that mandates the reading of rights upon arrest before questioning is known as the Miranda rights. The arrested individuals are informed of their constitutional rights, including the right to remain silent and the right to an attorney. This ruling also includes provisions for having charges formally presented in court, often through a process known as writ of habeas corpus.
Step-by-step explanation:
The ruling that requires anyone arrested to be read a statement of their rights before being questioned is referred to as the Miranda rights, known from the US Miranda warning. This ruling guarantees that the arrested individual is aware of their constitutional rights under the Fifth and Sixth Amendments to the US Constitution, including the right to remain silent, the right to an attorney, and the information that anything they say can be used against them in court. This ruling is significant in rule-of-law countries, as it is designed to protect the rights of individuals if their freedom is at stake.
When a person is arrested, they also have the right to demand to be brought into court and told why they are being jailed, usually through a process known as writ of habeas corpus. Rule-of-law systems protect individuals against unreasonable searches and seizures, and the United Nations has recommendations for best policing practices for all countries that respect these rights. Further, many countries, along with international documents such as the European Convention on Human Rights and the Universal Declaration of Human Rights, contain similar provisions to the Miranda rights.
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