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In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials.
Miranda v. Arizona, 384 U.S. 436 (1966), was a landmark decision of the U.S. Supreme Court in which the Court ruled that law enforcement in the United States must warn a person of their constitutional rights before interrogating them, or else the person's statements cannot be used as evidence at their trial.
In a 5–4 decision, the Supreme Court found that the jurisprudential rule of Miranda must yield in "a situation where concern for public safety must be paramount to adherence to the literal language of the prophylactic rules enunciated in Miranda". The rule of Miranda is not, therefore, absolute and can be a bit more elastic in cases of public ...
The United States Supreme Court may soon decide whether or not police officers can face civil lawsuits if they fail The post Supreme Court set to rule on whether Miranda warnings are a ...
(This is known as the Miranda warning.) If the detained person invokes these rights, all interrogation must cease, and ordinarily nothing said by the defendant in violation of this rule may be admitted against him or her at trial. [87] [88] The form of the Miranda warning varies based on jurisdiction, but it usually follows this pattern:
A prophylactic rule is a judicially crafted rule that protects a constitutional right, by providing consequences for violations of that right, in order to safeguard that constitutional right or improve detection of violations of that right. [1] In United States law, an example is the case of Miranda v.
The Miranda rule prohibits the use of testimonial evidence in criminal proceedings that is the product of custodial police interrogation unless the police properly advise the defendant of his Fifth Amendment rights and the defendant knowingly, intelligently and voluntarily waives those rights and agrees to talk to the police.
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