Miranda Rights

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Written by:

Richard B


Date added:

April 11, 2015








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2 / 556


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Before Miranda, the right against self-incrimination was never self-executing and always had to be invoked by the suspect. This invocation is what is commonly referred to as ?pleading the Fifth.' In Miranda, the Supreme Court shifted this burden to the police, and required them to specifically advise suspects of their right to remain silent and their right to have an attorney present during questioning...
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The Court ruled that all statements or confessions made in the absence of the warnings are inherently involuntary and coerced, and hence inadmissible in court. Analysis The most common misconception regarding the warnings is that police must read them to everyone that they arrest, and that an arrest without them is somehow invalid...
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