0
What should you do if an arrestee does not acknowledge the Miranda rights?
Wiki User
∙ 16y ago
Determine if the arrestee is capable of understanding (i.e. mental capacity, language, physical disability {hearing, sight), under the influence etc.) his/her Miranda rights. Until you can determine the arrestee's ability to comprehend his/her rights you should avoid questioning him/her as any information gleaned may well be challenged in court.
Wiki User
∙ 16y ago
Add your answer:
Earn +20 pts
Who should be interrogated?
Someone accused of a crime and has been read their Miranda rights.
What is the origin of the Miranda rights?
The term "Miranda rights" comes from the 1966 case Miranda v. Arizona. This case determined that a confession obtained by rough interrogation was inadmissible. The rights that Mr.Miranda should have been made aware of were compiled and now must be read to suspects before questioning.
What is the origin of the term Miranda rights?
The term "Miranda rights" comes from the 1966 case Miranda v. Arizona. This case determined that a confession obtained by rough interrogation was inadmissible. The rights that Mr.Miranda should have been made aware of were compiled and now must be read to suspects before questioning.
Should you have your rights read on being arrested for a misdemeanor?
Anytime you are arrested in the US by a legitimate organization, you are required to be 'read' your Miranda Rights.
What do the Miranda rights guarantee?
The Miranda rights grant you the right to remain silent, so that you don't say something that incriminates yourself. They give you the right to an attorney whether or not you can afford one. They guarantee that the police can use what you say in court.
Is you read her her Miranda rights correct or should it be you read her the Miranda rights?
This is not really so much a legal question as one of grammar.So we are asked which is "right": "you read her her Miranda rights" vs. "you read her the Miranda rights."They are both correct. Certainly "the" Miranda rights is correct. Miranda rights are proper things and the definite article is warranted (give read "a" Miranda rights a whirl). However, any person in a U.S. jurisdiction is possessed of Fifth Amendment rights (either directly or via the 14th Amendment) and it is therefore proper to use the possessive when relating them to said rights. Thus, I have my rights and you have yours and she has her rights and those include "her Miranda rights."However, there might be a more subtle pattern of inquiry here. What exactly do we mean by "Miranda rights"? The right to be read Miranda warnings is itself some sort of contingent right (If I understand Dickerson correctly--but really, does anyone?), or rather it's a right to have unwarned incriminating responses to custodial interrogation excluded from the government's case-in-chief.I would hold that what we mean when we say "Miranda rights" is essentially the same as what we mean when we say the "Miranda warnings" (as distinct from the singular "Miranda warning"). It is a reference to the set of constitutionally protected rights actually described to the subject during the reading. Could it also be a reference to the specified text rather than the rights therein? I think that that is in the mind of many speakers--the ritual itself, but grammatically I think the conclusion that the words mean the rights is unavoidable. However, if we say "read her the/her Miranda warning" the use of the singular shifts meaning more to the ritual text. However this expression is uncommon. Much more common is the very practical expression "Mirandized." "Have you Mirandized her yet?" I expect this will continue to grow in popularity.So, returning to the main issue, which is correct? "Her" or "the"? Again, they are both correct. Which is "best"? "The Miranda rights" is best. It avoids the awkward double pronoun "her her," [notice this is not an issue with "him his"], but is also focuses purely on the object, the rights being read, and, with the indirect object clearly specified, dispenses with the possessive pronoun, which is basically redundant.Which is most common? "Her" is most common. This is probably because of the emphasis on the necessary ritual reading of the rights to each individual. "Did you read this one her rights yet?" "Her rights? Yeah, I read her hers. She's all set. Did you do his yet?" "Sure did. By the way, you seen my truncheon?"Another question is whether "the Miranda rights" or "the Miranda Rights" is correct. Perhaps we should dig up Kate Turabian and ask her. She would know. But if someone decides to beat it out of me, I'll have to say "the Miranda Rights."
When does a police officer announce the Miranda rights to a person in custody?
Generally a cop has to read you your Miranda rights as you are taken into custody or taken for questioning. They must be read even if you volunteer for questioning. They must be read to you before you are arrested, or as they are arresting you.
When do an officer have to read you your rights?
If you are being arrested, you should be read your Miranda rights. Up to that point, the officer may ask you questions without reading you your rights. You are not obligated to answer any questions beyond identifying yourself.
Does Miranda Cosgrove like iCarly?
Miranda should, i mean shes the star of the show
When might you hear a Miranda warning?
Miranda warnings are required whenever a suspect is subjected to custodial interrogation by the police. They must be read to each criminal suspect before they are interrogated in order to preserve the admissibility of their statements in court.
What should officers take in consideration when arresting a Muslims?
It's illegal to assume someone's religion and act accordingly. That's prejudice. Besides that, the Miranda Rights, like everyone else.
Is it legal to question some one without giving Miranda rights?
Yes. The issue is custody. When a person is in police custody they should be given Miranda if the police intend to use their answers against them. Until they're in custody (not allowed to leave) authorities can question a person to any degree they wish.
