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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.
If a defendant in custody is not notified of their rights via a Miranda warning, any confession they give may not be admissible in court. [1] If a defendant is not in police custody, however, police are free to question suspects without informing them of their rights, and their statements may still be admissible. [2]
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.
The ruling does not impact the exclusion of evidence obtained without the Miranda warning for a criminal trial. “Because a violation of Miranda is not itself a violation of the Fifth Amendment ...
Given the inherent differences between juveniles and adults and the differences between an adjudication of delinquency and a criminal conviction, basic fairness dictates that there should be an ...
Ernesto Arturo Miranda (March 9, 1941 – January 31, 1976) was an American laborer whose criminal conviction was set aside in the landmark U.S. Supreme Court case Miranda v. Arizona , which ruled that criminal suspects must be informed of their right against self-incrimination and their right to consult with an attorney before being questioned ...
Per Miranda v. Arizona, 384 U.S. 436, 444 (1966), [1] "custodial interrogation [refers to] questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way." The United States Supreme Court has clarified that a person is being subjected to a ...
It said that a parent in a legal custody proceeding in juvenile court (who still has legal rights but not physical control of the child, as in K.G.’s case), does not have the same legal ...
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