Miranda rights


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Miranda rights (Miranda rule, Miranda warning)

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 ?
137) Once the interrogation resumed, Abdulmutallab became far less talkative, at which point he was read his Miranda rights.
Today, at the heart of most contested confessions is the question of whether the person who waived his Miranda rights really understood them in the first place.
waiver of the suspect's Miranda rights to silence and to counsel.
10) Following the precedent of affording additional protections to juveniles who allegedly waive their Miranda rights, the trial court in Diaz issued a memorandum of decision on Diaz's motion to suppress, finding that under the totality of the circumstances Diaz's confession was voluntary, but not knowingly or intelligently given.
The majority decisively addressed these issues by stating that after a knowing and voluntary waiver of the Miranda rights, law enforcement officers may continue questioning until and unless the suspect clearly requests an attorney, and that such questioning is not limited, by any means, to clarifying questions.
Special Agent David Oliver, an arson investigator with the Bureau of Tobacco, Alcohol, Firearms and Explosives, said Lacey Rae Moore, 43, agreed in writing to waive her Miranda rights and signed a statement confessing to multiple fires in one building of Forest Place Apartments," the newspaper reported.
After his release, Jones told US News magazine that police had lured him into a trap Wednesday to prevent him from exercising his First Amendment rights and also failed to read him his Miranda rights about remaining silent, as required by law.
Supreme Court held that external events unknown to the suspect are irrelevant to his decision to waive the Miranda rights.
US officials said an elite interrogation team would question the Massachusetts college student without reading him his Miranda rights, which guarantees the right to remain silent and the right to an attorney.
Imposing the status on 19-year-old Tsarnaev also would deny him Miranda Rights, which essential state those arrested have a constitutional right to be told information they give to officials can be used against them, the report said.
A decision to not read Miranda rights to the suspect was sound and in our national security interests," read a joint statement by Senators Lindsey Graham, John McCain, Kelly Ayotte and Representative Peter King.
Other issues addressed by the cases presented include Native American freedom of education, upbringing of children, procreation, parental authority, racial segregation in public schools, Amish private schooling, children of unwed fathers, maternity leave, family living arrangements, foster children, parents' rights in courts, custody rights, child pornography, undocumented immigrant children and education, visitation rights, child pornography, the death penalty, Miranda rights, violent video games, and child support.