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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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.
This deterrence works in two ways: the exclusionary effect of the per se rule gives the police an incentive to properly Mirandize both the juvenile and the interested adult.
1968) (stating that "the sole import" of a failure to Mirandize is the exclusion of evidence at trial); cf.
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.
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.
When a failure to Mirandize an in-custody suspect does not fall under an exception to Miranda, any interrogation that is reasonably likely to elicit an incriminating response violates Miranda.
Moreover, because the object of such a practice was to "question first, Mirandize later," the Court reasoned that it fundamentally "render[ed] Miranda warnings ineffective by waiting for a particularly opportune time to give them," specifically, "after the suspect has already confessed.
Shatzer, objected to the notion that police could Mirandize a suspect, promise him an attorney, and then attempt to interrogate him fourteen days later without an attorney present.
Furthermore, the Supreme Court has carved out exceptions to Miranda by ruling that certain circumstances exist where a police officer does not have to Mirandize a suspect.
In general, there is unanimity that school officials do not have an automatic obligation to Mirandize students in interrogations when school officials are acting on their own initiative.
As Justice Newman noted, "recognizing that the school setting is sui generis, the school officials can demonstrate that the warnings are not necessary if, after balancing the factors articulated above, it was reasonable for them not to Mirandize the student.