Miranda Warning
“No person...shall be compelled in any criminal case to be a witness against himself.” Which amendment is this?
5th Amendment
when is the Miranda warning required?
before any custodial interrogation
Three elements in the Miranda process
When does the Miranda warning not apply?
Miranda does not apply to a hostage situation where the person was holding a wounded hostage at gunpoint.
What is the Miranda Warning?
what plus what equal Miranda warning?
custody+interrogation=Miranda warning
After Miranda has been read by an officer people may choose to
Waive or Invoke
Is the Miranda warning always necessary?
NO
When is the Miranda warning given?
A warning must be given if a custodial interrogation is needed.
when do statements not require the Miranda warning?
when statements are volunteered
What are the two rights to waive or invoke
Right to remain silent
Right to have counsel present
How many legs does a spider have?
8
If you cannot afford an attorney, what will happen?
One will be appointed for you free of charge before questioning, if you wish.
what must exists before the Miranda warning is necessary?
custody and interrogation
Waivers make questioning admissible in court. T/F
True
What is a barracuda?
A fish
Find X
6
when are statements not admissible in trial?
when a police officer does not read the Miranda warning
Types of waivers
Expressed
Implied
Conditional
What is the largest cat in the world?
The tiger