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The Miranda rights are based in the amendments to the Constitution. The 5th amendment states the right to remain silent and the 6th states the right to an attorney. The precedent of reading them as a suspect is taken into custody was set in the supreme court case Miranda v. Arizona, in which it was determined that reading the Miranda rights would help protect the suspect's rights.
Wiki User
∙ 13y ago
Wiki User
∙ 9y agoThe Miranda warning is a warning usually given by police in the United States tocriminal suspects in police custody.
Miranda WarningsYou have the right to remain silent and refuse to answer questions.
Anything you do say may be used against you in a court of law.
You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney.
Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?
The legal basis for the Miranda warning
(1) "Miranda" sentences is a constitutional legislation so that the congress has no rights to take its place.Congress can change the rules of procedure and evidence rules in legislation, but there is no power over the federal Supreme Court explains and the constitution's legal judgments.
(2) According to the principle of "stare decisis" ,overthrow case special justification must exist before, "Miranda rule" lacking of this warrant must be overturned.
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Informing suspects of their legal rights during an arrest procedure is required as a result of?
The U.S. Supreme Court case Miranda v. Arizona is the basis for the procedure of informing suspects of their legal rights during arrest. As a matter of fact, the reading of these rights is commonly called the Miranda Warning.
What is constitutional rights warning?
A constitutional rights warning, also known as Miranda rights, informs individuals of their rights before being interrogated by law enforcement, including the right to remain silent and the right to an attorney. This warning is based on the Fifth Amendment of the U.S. Constitution to protect individuals against self-incrimination during police questioning.
Are security officers required to issue a Miranda warning?
The Miranda Warning is only issued by a commissioned Law Enforcement Officer. If by "Security Officer", you mean a private security guard, then no, they are never required to issue a Miranda Warning.
Is the Miranda warning good or bad?
The Miranda Warning is good. It's a legal warning given by Police to suspects that are going to be questioned informing them of their rights to:Remain silent;Terminate questioning at any time;Have an attorney before and during all questioning; andIf they cannot afford an attorney, the courts will provide a free attorney for the duration of your trial (meaning if you're convicted or acquitted, the attorney no longer represents you)and that anything they say after the point of a Miranda warning can (and generally will) be used against them in a court of law.
Is Miranda warning good or bad?
The Miranda Warning is good. It's a legal warning given by Police to suspects that are going to be questioned informing them of their rights to:Remain silent;Terminate questioning at any time;Have an attorney before and during all questioning; andIf they cannot afford an attorney, the courts will provide a free attorney for the duration of your trial (meaning if you're convicted or acquitted, the attorney no longer represents you)and that anything they say after the point of a Miranda warning can (and generally will) be used against them in a court of law.
What is the seventh word of the LAPD Miranda warning?
silent
What kind of a situation not require Miranda warnings?
Non-arrest situations. If you arrest someone, you give the Miranda Warning.
How does the Miranda warning help to prevent involuntary confessions?
The Miranda warning helps prevent involuntary confessions by informing individuals of their rights, including the right to remain silent and the right to an attorney. This informs them that they do not have to incriminate themselves and can consult with legal counsel before deciding whether to answer questions. By ensuring that individuals are aware of their rights, the Miranda warning helps protect against coerced or involuntary confessions.
Do you capitalize the words 'Miranda Rights' in an essay?
It seems to be used this way: Miranda warning, or Miranda rights. Miranda is capitalized because it is the last name of the defendant who sued to bring these rights into law.
Do police have to give Miranda warning in Wisconsin after they arrest you and take you to jail?
No. Miranda is only given if you are in custody AND they are going to interrogate you.
What does Miranda warning have to do with investigation?
During an investigation, an individual may be put into custody and interrogated. An individual who is in custody (or is not free to leave), and is being subjected to incriminating questions, is required to be advised of their Miranda Rights.
Is it true that the Miranda warning must be given during lineups?
silly
