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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
Finally, the court observed that two officers were always present during questioning, that an officer had expressed disbelief at the defendant's version of events and had asked her to take a polygraph examination, and that at one point the police read the defendant her Miranda rights when they had not done so previously.
That should lead police to adopt tactics that keep pressure and abuse low, that reassure suspects rather than frighten them, lest these Conditional Talkers decide that they no longer wish to talk and slam the door on police questioning by invoking their Miranda rights.
The circuit court had sufficient evidence to find that Tirado knowingly and voluntarily waived his Miranda rights.
The Miranda Rights is written in 15 dialects and languages:Tagalog, Ilokano, Kapampangan, Bikol, Hiligaynon, Waray, Sebwano, Tausug, Meranaw, Chabacano, English, Taiwanese, Korean, Japanese and Chinese.
Also, defense lawyers invariably will raise questions about Abu Khattala's handling, including his interrogation aboard the ship and the point at which he was advised of his Miranda rights.
Supreme Court examines the question of whether police should be required to read Miranda rights to inmates every time they question them about crimes unrelated to their current incarceration.
Alternative news site Bulatlat.com reported that Valle filed kidnapping, serious illegal detention and violation of anti-torture act and violation of Miranda rights raps against elements of the Criminal Investigation and Detection Group.
'The Miranda rights are not read, all other accusations are already invalid because there was already a violation of the right to remain silent,' the outgoing lawmaker claimed.
Section 4(a) requires arresting officers to inform detained individuals of their Miranda rights, while Section 4(b) does not allow officials to keep detained individuals from conferring with his or her lawyer, relative, doctor, or even a spiritual adviser.
She discusses the definition of special needs and the relevant law; the meanings of terms associated with various disabilities; the history of how the disabled have been treated, disability etiquette, and using terminology properly; response and assessment for various disabilities; admissions and confessions, the determination of intellectual or cognitive impairment, and Miranda rights; obtaining consent to search; and report writing.
Sharon had revealed to her lawyer earlier that before her confession, Rey had admitted to loving her and had also not read her any Miranda rights during her arrest.