Miranda warning

(redirected from Miranda Admonition)

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 ?
Some detectives may even try to induce the suspect to invoke his rights by preceding the reading of the Miranda admonition with the statement.
Initially, the hope is that the suspect will give an automatic waiver to the Miranda admonition. In this strategy, the detective will walk down to the jail to meet the suspect, politely introduce himself to the suspect, sometimes apologize to the suspect for handcuffing him, inquire about the suspect's physical condition, and then walk the suspect out of the jail and to the interrogation room of the Criminal Investigation Division.
In another case, an alleged violent armed robbery by an individual with a long criminal record who had been recently released from prison, the detectives failed to acknowledge the suspect's repeated invocation of silence in response to the initial Miranda admonition. After repeatedly trying to talk the suspect out of waiving his Miranda rights, the detectives terminated their questioning after approximately five minutes.
(81) Moreover, if we examine only those cases in which the suspect spoke to detectives after the Miranda admonition (i.e., those cases in which an interrogation actually occurred), those suspects--whether or not they invoked their Miranda rights and whether or not they incriminated themselves--were 35% more likely to be eventually convicted (p<.000).
buffer and protections afforded by the Miranda admonitions largely