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To meet the custody element of Miranda do you think that the person has to be arrested or in custody for custody to be present?
Wiki User
∙ 14y ago
They have to reasonably believe that they are not free to leave. Example: someone could be sitting in the back of a police car not handuffed with the door locked and believe that they are not free to leave.
Wiki User
∙ 14y ago
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What constitutional rights are covered in Miranda?
The right to remain silent. 5th amendment. If your are arrested never say anything without your attorney present.
When Miranda warning not required?
The 5th Amendment of the U.S. Bill of Rights, which protects U.S. citizens against self-incrimination, is the basis for our Miranda Rights. However, in order for Miranda to apply, two elements must be present: 1. the suspect is in police custody, AND 2. the suspect is being asked questions by police that are likely to invoke incriminating statements. Both CUSTODY and INTERROGATION must be present before Miranda applies. A police officer does not have to advise a suspect of their Miranda rights when either of these elements are absent.
When are the police required to give Miranda warnings and under what circumstances might a defendant waive them?
When the police have arrested someone and intent to question him about the crime, they must read the suspect his Miranda rights. The police are exempt from the Miranda warnings when a public safety issue is present. The suspect may wave his rights out of just his free will if he wishes.
Which amendment does the right to be informed of why you are being arrested?
Miranda Rights..... if they are not read to you, they you then it is a violation of your rights..... you have to know your rights when you are arrested! They are:You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights? Miranda Rights..... if they are not read to you, they you then it is a violation of your rights..... you have to know your rights when you are arrested! They are:You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights?
The Miranda warning reminds people who are arrested for a crime that they have the right to?
1) Right to remain silent. (2) Right to an attorney. (3) Right to have an attorney present before you answer any further questions.
Do the police have to read you your Miranda Rights when they put you in handcuffs and take you to jail?
Not necessarily A police officer need only advise you of your Miranda rights if you are "A" in custody and "B" prior to asking you any questions that may solicit incriminating responses. It is a misconception that police officers must advise you as soon as you are placed in handcuffs. They have to be questioning a person in custody before Miranda applies.
What are the Miranda rights?
The Miranda rights are guaranteed by the 5th and 6th amendments to prevent self-incrimination and ensure due-process. People accused of crimes have the right to remain silent, to have an attorney present during questioning, and to have a court appointed attorney if they want one. These rights are read to suspects who are taken into a police custody.
If a juvenile is arrested may police question him her if the juvenile is advised of the miranda warning why?
The laws vary from state to state. In Connecticut, anything a juvenile in custody says during an interrogation is not going to be used in court unless the parent was present during the questioning, and both parent and juvenile waived their 5th amendment rights. Different states also have different definitions of "juveniles". In some states, a 17-year-old can waive his rights and make a statement without a parent present.
The Miranda warning is now accepted by law enforcement agencies as a necessary requirement of interrogation under specific circumstances What circumstances make it mandatory?
There are two elements that make the Miranda Warning mandatory.The suspect is in custody, or is not free to leave.The suspect is being subjected to incriminating questions.If one of these two elements is not present, the reading of the warning is not necessary.
How are the Gideon and Escobedo and Miranda cases similar?
The Gideon, Escobedo, and Miranda cases all involve issues related to the rights of criminal suspects. Gideon established the right to legal counsel, Escobedo focused on the right to have an attorney present during police questioning, and Miranda established the right to be informed of one's rights before interrogation. These cases all contributed to shaping and defining individuals' rights within the criminal justice system.
How might Brutus death have been different if Brutus had lived in your century?
If Brutus had lived in the present century he would be arrested, convicted and locked up for the rest of his life.If Brutus had lived in the present century he would be arrested, convicted and locked up for the rest of his life.If Brutus had lived in the present century he would be arrested, convicted and locked up for the rest of his life.If Brutus had lived in the present century he would be arrested, convicted and locked up for the rest of his life.If Brutus had lived in the present century he would be arrested, convicted and locked up for the rest of his life.If Brutus had lived in the present century he would be arrested, convicted and locked up for the rest of his life.If Brutus had lived in the present century he would be arrested, convicted and locked up for the rest of his life.If Brutus had lived in the present century he would be arrested, convicted and locked up for the rest of his life.If Brutus had lived in the present century he would be arrested, convicted and locked up for the rest of his life.
What element in earths atmosphere was not present in the far past but is present now?
The element "Oxygen".
