Rights of the Suspect - Miranda Warning, Right to Silence, Right to Silence in England and Wales, Legal Professional Privilege in Australia, E (Paperback)

Please note that the content of this book primarily consists of articles available from Wikipedia or other free sources online. Pages: 24. Chapters: Miranda warning, Right to silence, Right to silence in England and Wales, Legal professional privilege in Australia, Extradition law in the United States, Attorney-client privilege, Self-incrimination, Ex officio oath, Motor vehicle exception, Pleading the Fifth, Garrity warning, Kalkines warning, Pitchess motion, Antommarchi Rights. Excerpt: The Miranda warning (also referred to as Miranda rights) is a warning that is required to be given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to inform them about their constitutional rights. In Miranda v. Arizona, the Supreme Court of the United States held that an elicited incriminating statement by a suspect will not constitute admissible evidence unless the suspect was informed of the right to decline to make self-incriminatory statements and the right to legal counsel (hence the so-called "Miranda rights"), and makes a knowing, intelligent and voluntary waiver of those rights. The Miranda warning is not a condition of detention, but rather a safeguard against self-incrimination; as a result, if law enforcement officials decline to offer a Miranda warning to an individual in their custody, they may still interrogate that person and act upon the knowledge gained, but may not use that person's statements to incriminate him or her in a criminal trial. Under the U.S. Supreme Court decision in Berghuis v. Thompkins suspects retain their 5th Amendment right to remain silent, however, if a suspect waives this right and interrogation begins, the right to halt further interrogation by the police must be exercised explicitly, by revoking the prior waiver of this 5th Amendment right. A CBP officer reading the Miranda rights to a suspect.The concept of "Miranda rights" was enshrined in U.S. law...