Miranda warning

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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)

References in periodicals archive ?
invokes his Miranda right to have counsel present during a police
71) Justice Kennedy acknowledged that while the Court had yet to determine whether an invocation of the right to remain silent can be ambiguous or equivocal, there was no reason to treat these two rights differently; he wrote, "there is no principled reason to adopt different standards for determining when an accused has invoked the Miranda right to remain silent and the Miranda right to counsel at issue in Davis" (72) Leaning on Davis for analytical support, Justice Kennedy discussed what he deemed to be good reasons to require an accused to invoke the right to remain silent unambiguously.
The question raised in the Thompkins case was whether the preceding facts constituted a valid waiver of the suspect's Miranda right to remain silent when questioned by the police.
Rudd, "The Supreme Court Revisits the Miranda Right to Silence.
190) Thus, the initial assertion of his Miranda right to counsel should have remained effective.
23) In Thompkins, Justice Kennedy put that notion to rest, because "there is no principled reason to adopt different standards for determining when an accused has invoked the Miranda right to remain silent and the Miranda right to counsel issue in Davis.
452, 457 (1994), the Court's opinion described the Miranda right to counsel as constitutionally recommended rather than required.
When Shatzer was initially questioned in connection with suspicions that he had sexually abused his son, he invoked the Miranda right to counsel.
Arizona, including 1) the circumstances governing when law enforcement may initiate contact with a subject who previously has invoked the Miranda right to counsel; 2) what will constitute a waiver of the Miranda right to silence; and 3) what must be conveyed to a subject to satisfy Miranda.
Shatzer failed this polygraph, broke down, and made several confessions before finally invoking his Miranda right to counsel.
The ruling said a detective had read Moore his Miranda right to remain silent, then asked whether he wanted to talk about what happened.