Questions tagged [miranda-warning]

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History of "Miranda warnings" before the Miranda ruling

In the U.S.A., statements made by persons under arrest who have not been notified of their right to remain silent have been considered inadmissible in criminal trials at least since the ruling in ...
Michael Hardy's user avatar
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2 answers
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(Salinas v Texas) v (Miranda v Arizona)

I've seen a lot recently on this site discussing Salinas v Texas. Did this 2013 case effectively roll back some of the protections of Miranda v Arizona? Because I'm trying to understand how the ...
Ben Hocking's user avatar
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Is the saying that "cops can use anything you say against you" overstated or understated?

Is everything one says to a cop in the course of an enquiry really admissable as evidence against them? Even if they deny allegations? Why is that?
Statistics's user avatar
1 vote
3 answers
332 views

Can questions of private investigator without Miranda warning be used in trial?

I was watching the Hansen vs predator series. In there a random guy called Chris Hansen goes online and pretends to be a 13 years old girl. When people chat with him, he tries to steer the discussion ...
robertspierre's user avatar
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If applied in the United States, what is the most obvious legally functional difference between the British and American "mirandizing" phrase?

In the United States, police must read your rights regarding police questioning as shown below1: “You have the right to remain silent. Anything you say can and will be used against you in a court of ...
isakbob's user avatar
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5 votes
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How does Miranda rights work in regards to sign-language?

If a person were to be interviewed by police and he responded in sign-language. What he said turn out to be false. In court his lawyer argued what he said could not be used against him because he did ...
Neil Meyer's user avatar
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4 votes
2 answers
3k views

Using "Sting" confessions

In USA, if I am not mistaken, if the police fail to warn someone that "anything you say may be used against you," then whatever he says to them is inadmissible. I don't understand then why a ...
WGroleau's user avatar
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9 votes
4 answers
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Alternative systems without the Right to Remain Silent

As I understand it, the "Right to Remain Silent" errs on the side of innocence in the USA justice system. Jurors are usually supposed to rule as if the defendant testified in the manner ...
bobuhito's user avatar
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Why what you say to the police can be used against you, but not in your favour?

I'm asking this question from the viewpoint of an almost complete newbie in court law. I've heard stated by plenty of lawyers that you should never talk to the police, and the only thing you should ...
Luiz Martins's user avatar
1 vote
1 answer
1k views

Miranda warning - requirement to be "read"

Colloquial commentary, TV cop-shows and the like often make reference to the Miranda warning being read to a suspect although this is not mentioned within the linked Wikipedia article. The dictionary ...
user avatar
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5 answers
271 views

Lawyer-approved statement to say to the police to unequivocally retain all rights

I understand that I have the right to remain silent, and that I shouldn't need to explicitly say that in order for my rights to be in effect. But we don't live in a perfect world. And should we end up ...
Dave C's user avatar
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Is abuse during custodial interrogation grounds for suppression?

I assume that a custodial interrogation that involved the use of "torture" would be suppressed by any U.S. court. But I can't find a law that clearly defines custodial practices that would constitute ...
feetwet's user avatar
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Do arrestees have the right to private communication with a lawyer?

One of the foundational rights of an arrestee in US criminal law, as stated in the Miranda warning, is “the right to an attorney”. But if all communication with an attorney is monitored, it can be ...
TheEnvironmentalist's user avatar
1 vote
2 answers
694 views

Must Cops Read Rights to Spouse?

Suppose a man is arrested but then stays silent. Can the police go and talk to his wife without reading her her Miranda rights? For example, if they don't notify her of her right to stay silent and ...
bobuhito's user avatar
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10 votes
1 answer
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"And will" in Miranda Rights

I am curious about the "can and will be used against you", which seems to be false on its face. I always thought that this version was a fiction, but a quick search brings it up on Wikipedia and on ...
Ben I.'s user avatar
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3 votes
1 answer
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Why is the Miranda warning typically given during an arrest?

I'll admit that this question stems more from indirect experiences through popular culture and not real-life experience (fortunately), but I think there's still some real-life backing to it. The "...
HDE 226868's user avatar
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