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Miranda Warning
Miranda warnings, also called Miranda rights, is a warning given to suspects in the United States at the time of their arrest. A person in custody must be presented this warning per the 5th amendment. The warning states, "The person in custody must, prior to interrogation, be clearly informed that he/she has the right to remain silent, and that anything the person says will be used against that person in court; the person must be clearly informed that he/she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he/she is indigent, an attorney will be provided at no cost to represent him/her.
187 Questions
How do those detained by the police or asseisted for a crime know about their right to an attorney?
Asked by Wiki User
Is the probation officer required to give the Miranda warning to the defendant before the PSI interview?
Asked by Wiki User
No.
A Probation Officer is not a Law Enforcement Officer. Only Law Enforcement Officers are required to give the Miranda Warning.
Does the right to an attorney apply to all cases?
Asked by Wiki User
The right to an attorney does not apply to civil cases, but applies to all criminal cases.
Why you think Miranda warning would be more Constitutional. Do you think the warning is suffieient to convey Constitutional fights.?
Asked by Luveniatylr
This is a totally debatable premise and is not a question that can be resolved by a definitive answer.
Do police have to give Miranda warning in Wisconsin after they arrest you and take you to jail?
Asked by Wiki User
No. Miranda is only given if you are in custody AND they are going to interrogate you.
What happens if Miranda warnings are not given to someone who later faces a criminal trial?
Asked by Wiki User
It can cause the court to prohibit introduction of certain evidence.
What was the due process clause in the 5th amendment and the right to an attorney in the 6th amendment designed to do?
Asked by Wiki User
Ensure fair treatment for those accused of crimes.
Can you be tried for case without giving Miranda warning?
Asked by Wiki User
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 famous US Supreme Court decision let American citizens know they have the right to remain silent and the right to an attorney?
Asked by Wiki User
Miranda Vs. Arizona
Why is the Miranda warning important?
Asked by Wiki User
Because if it is not given under the proper circumstances, any information or evidence arising from the arrestees interrogation may be ruled inadmissable in court.
What does Miranda warning have to do with investigation?
Asked by Wiki User
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.
The Miranda warning reminds people who are arrested for a crime that they have the right to?
Asked by Wiki User
1) Right to remain silent. (2) Right to an attorney. (3) Right to have an attorney present before you answer any further questions.
When might you hear a Miranda warning?
Asked by Wiki User
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 right does the Miranda warning remind people of?
Asked by Wiki User
The Miranda rights remind people of 3 separate things. One, from the 5th amendment, is the right to remain silent to protect themselves from self-incrimination. Two and three, from the 6th amendment, are the right to an attorney, and the right to a court-appointed attorney if they cannot afford one.
Does Virginia have a statute requiring the Miranda Warning?
Asked by Wiki User
Yes. All states have that requirement.
The Miranda warning is now accepted by law enforcement agencies as a necessary requirement of interrogation under specific circumstances What circumstances make it mandatory?
Asked by Wiki User
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.
Does a person who is indigent have a right to an attorney?
Asked by Wiki User
In a criminal case, yes. The Constitution of the United State requires due process. Other rulings have indicated that without legal counsel, due process has not occurred.
In 2002, the Supreme Court extended the right of court-appointed counsel to any defendant who faces the possibility of incarceration, even if the person is accused only of a misdemeanor, and even if the judge indicates the sentence will be suspended, per Alabama v. Shelton, 535 US 654 (2002)
What are the limits and exclusions to the Miranda warning?
Asked by Wiki User
EXCEPTIONS: a) obtaining prisoner's pedigree; b) public safety which includes property, prisoner (or) suspect, witness and victim; c) undercover officer (or) agent.
How can police be certain that an accused a person understands that meaning of the Miranda warning?
Asked by Wiki User
Part of the warning is asking the accused person "Do you understand your rights as I have presented them?".
If the individual says no, then, generally, the police will have a public defender explain the rights in detail until the individual understands.
If the individual lies and says yes, that's his own fault.
How do you relate the Bill of Rights to the Miranda Warning?
Asked by Wiki User
The "Bill of Rights" includes the Fifth Amendment to the U.S. Constitution which provides that no person may be forced to be a witness against himself (in other words he has a right to remain silent when questioned). In the Miranda case, the Supreme Court ruled that, where a prisoner was not informed of his right to remain silent, the prosecution could not use his confession in court because that would be a violation of his Fifth Amendment rights.
The due process clause in the 5th Amendment and the right to an attorney in the 6th Amendment were designed to?
Asked by Wiki User
ensure fair treatment for those accused of crimes
Is the Miranda warning good or bad?
Asked by Wiki User
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; and
- If 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.
