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Miranda warning

   Also found in: Wikipedia 0.04 sec.

Miranda warning( Miranda rule, Miranda rights) n. the requirement set by the U. S. Supreme Court in Miranda v. Alabama (1966) that prior to the time of arrest and any interrogation of a person suspected of a crime, he/she must be told that he/she has: "the right to remain silent, the right to legal counsel, and the right to be told that anything he/she says can be used in court against" him/her. Further, if the accused person confesses to the authorities, the prosecution must prove to the judge that the defendant was informed of them and knowingly waived those rights, before the confession can be introduced in the defendant's criminal trial. The warnings are known as "Miranda Rights" or just "rights." The Miranda rule supposedly prevents self-incrimination in violation of the Fifth Amendment to the U. S. Constitution. Sometimes there is a question of admissibility of answers to questions made by the defendant before he/she was considered a prime suspect, raising a factual issue as to what is a prime suspect and when does a person become such a suspect? (See: rights)


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The Sixth Amendment, which concerns criminal prosecutions, guarantees public trials, impartial juries, and the "right to an attorney" part of the Miranda warning.
Supreme Court agreed with the Missouri Supreme Court's opinion that the interrogating officer's "intentional omission of a Miranda warning was intended to deprive Seibert of the opportunity knowingly and intelligently to waive her Miranda rights.
It didn't matter to the majority that, as Justice Stevens wrote in his dissent, the questioning was close to torture, or that, without a blanket Miranda warning, it would seem impossible to sort out statements made under duress or without a Miranda warning.
 
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