Search results
Results from the WOW.Com Content Network
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.
Pages in category "Miranda warning case law" The following 26 pages are in this category, out of 26 total. This list may not reflect recent changes. ...
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 United States law, an example is the case of Miranda v. Arizona , which adopted a prophylactic rule (" Miranda warnings ") to protect the Fifth Amendment right against self-incrimination. The exclusionary rule , which restricts admissibility of evidence in court, is also sometimes considered to be a prophylactic rule. [ 2 ]
Case history; Prior: United States v. Dickerson, 971 F. Supp. 1023 (E.D. Va. 1997); reversed, 166 F.3d 667 (4th Cir. 1999).: Holding; The mandate of Miranda v.Arizona that a criminal suspect be advised of certain constitutional rights governs the admissibility at trial of the suspect's statements, not the requirement of 18 U.S.C. § 3501 that such statements simply be voluntarily given.
Physical evidence obtained from un-Mirandized statements, as long as those statements were not forced by police, were constitutionally admissible. Two other justices also held that the physical evidence was constitutionally admissible, but did so with the understanding that the Miranda warnings must be accommodated to other objectives of the ...
Portrait of English judge Sir Edward Coke. Neither the reasons nor the history behind the right to silence are entirely clear. The Latin brocard nemo tenetur se ipsum accusare ('no man is bound to accuse himself') became a rallying cry for religious and political dissidents who were prosecuted in the Star Chamber and High Commission of 16th-century England.
In the United States, Miranda warnings were established from the Supreme Court case Miranda v. Arizona and upheld in Dickerson v. United States, establishing that under the Fifth Amendment to the United States Constitution, statements made by a suspect while both in police custody and directly being questioned cannot be used as evidence in trial unless they were notified of their rights to ...