{"id":14516,"date":"2018-02-22T23:22:03","date_gmt":"2018-02-22T23:22:03","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=14516"},"modified":"2018-02-22T23:38:29","modified_gmt":"2018-02-22T23:38:29","slug":"miranda-rule","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=14516","title":{"rendered":"Miranda rule – a criminal suspect in police custody must be informed of certain constitutional rights before being interrogated"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Criminal Proceedings<\/a> >>>> 1. The Arrest, Search and Seizure, and Booking<\/a> >>>> Interrogation<\/a>:<\/strong><\/span><\/p>\n

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Miranda<\/em> hearing<\/span>:<\/span>
\n<\/strong>(1966)<\/span><\/p>\n

1.<\/strong> A pretrial proceeding held to determine whether the Miranda rule has been followed and thus whether the prosecutor may introduce into evidence the defendant’s statements to the police made after arrest.
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Miranda<\/em> rule<\/strong><\/span> – <\/strong>(1966) 1. The doctrine that a criminal suspect in police custody must be informed of certain constitutional rights before being interrogated.\u00a0 *\u00a0 The suspect must be advised of the right to remain silent, the right to have an attorney present during questioning and the right to have an attorney appointed if the suspect cannot afford one.\u00a0 If the suspect is not advised of these rights or does not validly wive them, and evidence obtained uring the interrogation cannot be used against the suspect at trial (except for impeachment purposes). Miranda v Arizona<\/em>, 384 U.S., 436, 86 S.Ct. 1602 (1966)<\/span>.<\/strong> [1]
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1. The Fifth Amendment and the Fourteenth Amendment of the Constitution require that, before a suspect who is in custody may be questioned, she must be informed that she has the right to remain silent and that anything she says may be used against her in court, be given the right to have an attorney present during questioning, and be advised that if she cannot afford an attorney one will be\u00a0 provided for her.\u00a0 If an interrogation occurs in the absence of these warnings, or in the absence of the suspect’s attorney, any confession obtained is inadmissible unless the defendant has intelligently and knowingly waived her “Miranda rights.” <\/strong>[3]<\/span><\/p>\n

Mirandize<\/span> –<\/strong> vb<\/em>. (1971) Slang<\/em>. To read or recite (to an arrestee) rights under the Miranda rule<\/strong> <the suspect was arrested, Mirandized, and interrogated>.<\/strong> [1]<\/span><\/p>\n

Miranda v. Arizona<\/em><\/span> – A landmark decision of the Supreme Court (384 U.S. 436<\/span>) in 1966, dealing with custodial interrogation, confessions, self-incrimination, and the fight to counsel.\u00a0 The constitutional requirements announced by the Court in this case have come to be known as the Miranda rule.<\/strong> [3]<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>. <\/span><\/strong><\/p>\n

[1]: Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition<\/a>\u00a0by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6<\/b><\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/b><\/span><\/strong>with Pronunciations
\n<\/b><\/span><\/a><\/em>Third Edition<\/b><\/span><\/a><\/strong>\u00a0<\/span><\/strong>by James A. Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/b><\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/b><\/span><\/strong>Legal Assistant Edition<\/b><\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Doctored<\/b><\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/b><\/span><\/strong><\/p>\n

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