Miranda warning

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Related to Mirandize: Miranda warnings, Miranda right

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)

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References in periodicals archive ?
Khatallah's interrogators opted not to Mirandize him initially in
(129) The memo, however, leaves final discretion with the agents on the scene, who can assess "all the facts and circumstances" and make a determination regarding when to Mirandize an arrestee "on a case-by-case basis." (130) The memo suggests areas of unwarned questioning that should be broached prior to warning: "questions about possible impending or coordinated terrorist attacks; the location, nature, and threat posed by weapons that might post an imminent danger to the public; and the identities, locations, and activities or intentions of accomplices who may be plotting additional imminent attacks." (131)
"Just the word 'Mirandize' has a spooking effect" on potential sources, says Vanessa Leggett, a freelancer and author whose refusal to share confidential-source information with a federal grand jury early this decade landed her behind bars for 168 days.
"The military is trained to vaporize, not Mirandize," he told NPR after the hurricane.
courts to handle the presumption of innocence, rules of evidence, failure to Mirandize, or the military's interrogation techniques in such cases?
In addition, per se rules dispel uncertainty by furnishing a uniform standard practice to law enforcement, providing incentives to law enforcement to properly Mirandize both the juvenile and the interested adult, and protecting juveniles against coercive police conduct.
The officers haul him to his feet and Mirandize him, and he whines with an expression like a beat dog, "why are you doin' this to me, honey?" The wife's wringing her hands; sure as shooting she'll decline to press charges.
This argument has a compelling simplicity and logical appeal, and has been adopted by numerous federal courts as a justification for dismissing [sections] 1983 suits in cases involving an officer's failure to adequately Mirandize a suspect.
Among the words new to this third edition are El Nino, metafiction, minimalist, outplacement, s/he, ghost net, sacred baboon, waitron, Mirandize, narrowcast, women's studies, granny flat, sunspace, and comfort food.
Indeed, the "waiver" that patients would probably be asked to sign might well lead--in recognition of the leadership on this issue provided by the senior Senator from Missouri--to the query "Was the patient Danforthed?," in the way that police officers "Mirandize" suspects when they read them their rights.
1, 4-5 (1968) (holding that the federal government erred when it failed to Mirandize a suspect being held in state custody on other charges and rejecting the government's argument that he was not in custody); United States v.
For example, with the Fifth Amendment, they disagree on the application of the "question first, Mirandize later" test announced by the Court in Missouri v.