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Miranda rule |
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Miranda rule (Miranda warning, 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) How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content. |
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| Some attorneys believe that a decision in favor of Chavez will seriously undermine the Miranda rule, which has been accepted law for many years. Most recently, the Supreme Court recognized the Miranda rule as having reached "constitutional proportions. The value of recording interrogations is one point on which the Washington Legal Foundation's Cassell and UC-Irvine's Leo agree, despite holding radically different views on issues from the Miranda rule to the frequency of wrongful convictions. |
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