0
The wording may vary slightly from jurisdiction to jurisdiction but they will all basically cover the same points:
"You are under arrest. Before I/we ask you any questions you must understand what your rights are. You have the right to remain silent. If you give up your right to remain silent and choose to answer questions, you may stop answering at any time. You have the right to have an attorney present while being questioned. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as I have explained them to you?"
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
Is it true that the Miranda warning must be given during lineups?
silly
What is Miranda doctrine?
The Miranda doctrine (and "Miranda warning") originate from Miranda v. Arizona in 1966. The US Supreme Court overturned Ernesto Miranda's conviction for rape and kidnapping based on its ruling that a suspect must be informed of his right to remain silent and right to have an attorney present before any statements he makes in police interrogation can be admissible in court. Because of this ruling, the police throughout the US now administer the "Miranda warning' ("you have the right to remain silent", etc.) immediately upon arresting a suspect to ensure he or she is aware of these rights.
Under the constitutional rights before police questioning a suspect must be administered the?
THe Miranda warning against self-incrimination.
Can you be tried for case without giving Miranda warning?
Miranda is only required when there is both custody and interrogation. A person must be in police custody and must be subject to interrogation for the rules regarding Miranda to apply. It is entirely possible for the police to develop probable cause and arrest a person without speaking with them first.
What are different types of Miranda warnings?
There is only one warning that covers Miranda. Although different departments may have SLIGHTLY different wording, they all must cover ALL the aspects of the Supreme Court Ruling.
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 are the 2 components needed to have the Miranda warning take effect?
The two components needed for the Miranda warning to take effect are custodial interrogation and the individual being in police custody. Custodial interrogation refers to questioning that occurs when a person is in police custody and the freedom of movement is restricted. The Miranda warning must be given to the individual before any interrogation takes place while they are in police custody.
What is the definition of Miranda rights?
Miranda rights are the rights that all Americans have that are relevant to suspects in investigations. They must be read as a suspect is taken into custody. They include the right to remain silent, and the right to an attorney.Note that there is no such thing as "Miranda Rights". The actual thing in question is termed a "Miranda Warning", since what is happening is a notification of your (already existing) Constitution Rights (under the 5th and 6th Amendments). What the Miranda v Arizona case defined was that police are required to inform you of your 5th and 6th Amendment Rights during questioning after arrest (this required notification is what often confusingly called "Miranda Rights").
What are the results of Miranda vs Arizona?
Arresting Officer don't have to issue the Miranda warning when making an arrest for instance a crime committed in the presence of an Officer or a third party saying that person committed a crime the rule of thumb is Custody and asking questions about a crime = Miranda warning, common question like address, name, age ext. no Miranda, spontaneous utterance like I didn't mean to hurt or kill that person could be used in court Judge would have to decide but after a spontaneous utterance like above Miranda must be giving.
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.
Whose case established the concept of the Miranda Warning?
On March 13, 1963, police arrested Ernesto Miranda for stealing money from a Phoenix, Arizona bank worker. During two hours of questioning, Miranda confessed to the crime, but was never offered an attorney during his interrogation and eventually received a prison sentence based primarily on his confession. On June 13, 1966, the U.S. Supreme Court reversed the Arizona Court's decision and granted Ernesto Miranda a new trial at which his confession could not be admitted as evidence. The ruling established the "Miranda" rights of persons accused of crimes.
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.
