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 ?
It has not been disclosed yet what Frumkin will testify about, however previously Salman's attorneys have argued that her statements in the hours after the shooting should not be considered in the trial as she was in custody and not given proper Miranda warnings.
Miranda warnings may deter suspects from answering questions, (71) and, to Justice Rehnquist, this risk was unacceptable in cases where law enforcement officers need to ask questions to get information to protect the public.
Arizona (1966), established some of the most important rights for criminal suspects in the United States, including that police must inform them of their right to remain silent and their right to an attorney (see "The Miranda Warnings," facing page).
Fully 80 percent of suspects who receive Miranda warnings waive their rights, (228) and almost none assert or reassert them once questioning has begun.
interrogated Tsarnaev without Miranda warnings in preemptive reliance on
After all, the Court reasoned, the Miranda warnings advise
Courts do not require officers to read Miranda warnings verbatim, but they must "reasonably convey" the defendant's rights to her.
6) In assessing whether a statement made after an illegal arrest has been purged of the taint of that arrest, and is therefore admissible, the court considers whether Miranda warnings were issued, the temporal proximity between the arrest and the statement, whether any intervening circumstances occurred during that time, and the flagrancy and purposefulness of the police misconduct.
40) The Court reiterated that "[i]f the suspect effectively waives his right to counsel after receiving the Miranda warnings, law enforcement officers are free to question him.
Morales was not granted his statutory right to make a telephone call within one hour of his detention; that some statements attributed to his client were made at the scene of the stabbing, without benefit of Miranda warnings, after Mr.
29) Predictably, the officer then read the Miranda warnings to the suspect and obtained a taped confession.