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Results tagged with miranda-warning
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user 4501
1
vote
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(Salinas v Texas) v (Miranda v Arizona)
Your presumption could be correct if "spirit" were a clearly identifiable aspect of law. It is not unreasonable to think that the court was concerned with the fact that some people might not know the …
- 217k
13
votes
Accepted
"And will" in Miranda Rights
The holding of the Miranda decision says:
(d) In the absence of other effective measures, the following
procedures to safeguard the Fifth Amendment privilege must be
observed: the person in cu …
- 217k
5
votes
Accepted
Must Cops Read Rights to Spouse?
The Miranda warning only has to be given to a person being interrogated in custody, and on the premise that the wife is not in custody, the police do not need to read her the warning. Therefore, anyth …
- 217k
4
votes
Alternative systems without the Right to Remain Silent
In the US, jurors are not supposed to interpret the conduct of the defendant's attorney as equivalent to testimony by a defendant, and attorney argumentation is explicitly not to be interpreted as tes …
- 217k
6
votes
Lawyer-approved statement to say to the police to unequivocally retain all rights
It does matter if you invoke your right to silence. First, if you do, that affects what police can do (they have to stop interrogating you). Second, it plays a role in "adoptive admissions". If the po …
- 217k
22
votes
Is the saying that "cops can use anything you say against you" overstated or understated?
It is somewhat understated, because your silence can also be used against you. In Salinas v. Texas, defendant Salinas was "just talking" to police, not in custody, and his silence (as opposed to shock …
- 217k
4
votes
Accepted
Miranda warning - requirement to be "read"
This article goes into Miranda variants in some detail. The basic answer is that there are no SCOTUS-mandated formal requirements on the warning, and there exist up to 900 variants of the warning. The …
- 217k