Prior to any questioning, the person must be warned that he [or she] has the right to
Question:
Prior to any questioning, the person must be warned that he [or she] has the right to remain silent, that any statement he [or she] does make may be used as evidence against him [or her], and that he [or she] has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly, and intelligently. If, however, he [or she] indicates in any manner and at any stage of the process that he [or she] wishes to consult with an attorney before speaking, there can be no questioning. Likewise, if the individual is alone and indicates in any manner that he [or she] does not wish to be interrogated, the police may not question him [or her]. The mere fact that he [or she] may have answered some questions on his [or her] own does not deprive him [or her] of the right to refrain from answering any further inquiries until he [or she] has consulted with an attorney and thereafter consents to be questioned.
Post your responses to the following questions:
- Does the Miranda warning impede crime prevention? Why or why not?
- Explain your Answers.
Dynamic Business Law
ISBN: 9781260733976
6th Edition
Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs