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204 Admissions, Confessions, Miranda rights
Terms in this set (29)
The right to an attorney is promised only to protect the right to avoid self-incrimination
why is assistance of an attorney is promised in a Miranda warning?
A verbal or written advisement of the Fifth Amendment guaranteed right to not be compelled to give evidence against oneself. Must be given in all cases where a person in custody is about to be interrogated. Usually follows a formula similar to that set out in the decision Miranda v. Arizona (1966)
Purpose of Miranda warning
asking for pedigree; general non guilt seeking questions; non testimonial evidence
the Miranda Warning is NOT required when
Custody + Interrogation
5th; Freedom from compulsion to make damaging statements against oneself
What Amendment to the U.S. Constitution is protected by the reading of the "Miranda Rights?"
it tends to discourage the person from talking where they might do so otherwise. If there is no legal requirement that Miranda warnings be given, why deter the person from making a statement?
Why it is generally not a good idea to give a Miranda warning when it is not required?
DOES NOT = detention
Custody + interrogation
defined as what a reasonable innocent person would believe under the circumstances, not what the particular suspect believes
a citizen (cant be a known off duty officer) interrogates a suspect in custody on his own without being directed to do so by a peace officer or without the subject knowing that citizen was directed, or an undercover agent
MIranda does not apply when
a reasonable person looking at the circumstances reasonably believes that the suspect was not free to leave or to refuse to answer questions. This does not automatically make detention a custodial situation, as here the seizure is temporary.
Custody exists when
a custody situation for Miranda purposes
Showing of a weapon (unless the subject is believed to have been involved in a violent crime), grabbing the subject, or touching the subject for the purpose of preventing their departure or forcing them to answer questions establishes
Chasing a suspect is not a _________ until the person is actually forcibly stopped or submits to the authority of the officer. Therefore nothing said by the suspect in response to the officer during the chase is affected by the lack of Miranda warning.
__________ exists if a reasonable person looking at the circumstances reasonably believes that the suspect was not free to leave or to refuse to answer questions.
the suspect in custody asks to give a statement
miranda doesnt need to be given if
Anything you say can and will be used against you in a court of law.
1. You have the right to remain silent. 2.____
You have the right to talk to a laywer and have him or her present with you while you are being questioned
2. Anything you say can and will be used against you in a court of law. 3. _____
If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you wish.
3. You have the right to talk to a laywer and have him or her present with you while you are being questioned. 4._____
You can decide at any time to exercise these rights and not answer any questions or make any statements.
4. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you wish. 5._____
Do you understand each of these rights as explained?
5. You can decide at any time to exercise these rights and not answer any questions or make any statements. 6. ______
a juvenile officer present or a parent/guardian present. Peace Officers should not give a juvenile their miranda rights; deputy juvenile officers can give a juvenile their miranda rights.
you cannot ask a juvenile guilt seeking questions without
yes; but be cautious. Ensure that they understand it
can a mentally challenged (sub-standard intelligence) person be read Miranda?
can a suspect that is intoxicated waive their miranda rights?
If a suspects attorney is present, should you still read them their miranda rights?
No; but it is still good practice to.
if you are on the phone with a suspect, do you need to give them their miranda rights?
Yes. This even includes people who could be expected to know their rights, such as lawyers and persons with prior arrest experience, as well as those individuals who claim they don't already know their rights.
if the suspect is an attorney and already knows his/her rights, should you still read them their miranda rights?
The suspects. they are responsible for contacting their own attorney.
Who's responsibility is it to contact an attorney for the suspect?
Stop the interrogation immediately. Even if they change their mind, do not continue interrogating.
what do you do if a suspect asks to have an attorney present?
If you were the one who initially interrogated without a warning; nothing. If someone else was the person that initially interrogated the suspect without a miranda warning, then read the suspect their miranda rights and continue.
What should be done if prior custodial interrogation took place without a Miranda warning?
if another officer has arrested a suspect and you want to question them as well, do you need to re read them their miranda rights?
This set is often in folders with...
203 Rules of Evidence
205 Contact Detention and Arrest
206 prisoner rights and provileges
207 searches, seizures, and the search warrant
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