1. Do the Miranda warnings really matter? If you ask for a lawyer or will not talk, doesn’t that mean you have something to hide? What would you do if you were a suspect?
2. What if the suspect is not in the police station, but is he still in “custody” in a police car? Pulled over for speeding? Sitting in your office with the police in front of you? When do the police stop talking to you and start “interrogating” such that they need to give the Miranda warnings?

Miranda, a suspect in a knifepoint rape, was taken into custody and detained, and confessed during a subsequent interview. Before the interview the officers never told Miranda that he had the constitutional right to an attorney, the right to remain silent, or that whatever he said could be used against him later at his trial After being convicted on the strength of the confession Miranda appealed, arguing that being interviewed in police custody is inherently coercive if the suspect is unaware of his rights, thus his confession was not voluntary.

  • CreatedNovember 06, 2014
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