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 ?
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.
257) Under such circumstances, the Court reasoned, that the "subsequent administration of Miranda warnings .
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.
In a joint statement, Lindsey Graham and John McCain say he shouldn't be Mirandized at all: "Under the Law of War we can hold this suspect as a potential enemy combatant not entitled to Miranda warnings.
Deputies with the Palm Beach County Sheriff's Office escorted the Florida woman to the north gate of the venue, where she was given her Miranda warnings.
29) Predictably, the officer then read the Miranda warnings to the suspect and obtained a taped confession.
Arizona in 1966, the Supreme Court has continued to define what is legally required for Miranda warnings and waivers.
This includes the vital need to be able to interrogate terror suspects before they're read their Miranda warnings and clam up.
3) If Miranda warnings were required, were they administered in their proper form?
More directly, it could update the Miranda warnings so that they accurately reflect its precedents and inform suspects of the requirements placed on invocations.
North Carolina, about whether a suspect's age should be part of deciding whether the suspect was "in custody" in order to determine whether Miranda warnings should have been given.