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 ?
According to the complaint, detectives did not give Sanchez his Miranda warnings advising him of his right to remain silent and did not record the interrogation as Illinois law requires.
Lajoie moved to suppress his videotaped statements, arguing that the Miranda warnings he had been given were defective.
On appeal, Azua contends that the district court erred in denying his suppression motions because (1) the law enforcement officers did not have valid consent to enter his residence and thus needed a warrant, and (2) the officers' interrogation of him was custodial and thus violated his Fifth Amendment rights because no Miranda warnings had been given.
individuals absent Miranda warnings without violating the Constitution,
Ferraro makes three arguments: (1) that an officer who had identified her as a suspect following a reported hit-and-run accident violated the Fourth Amendment when he pursued her into the garage attached to her residence; (2) once in the garage, the officer seized her by unreasonable use of force; and (3) she made in-custody statements that must be suppressed because she had not been given Miranda warnings. See Miranda v.
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.
They cover interview planning, the setting, and the use of props; addressing the interviewee, establishing dominance, building rapport, and Miranda warnings; deception and verbal and nonverbal cues to detect it; questioning; tools to overcome interviewee resistance; dealing with angry people; techniques to break an impasse; and the end of the interview.
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.
not to provide Tsarnaev, a naturalized citizen, with Miranda warnings
in custody and requires the police to read the famous Miranda warnings