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saulaina - 9. Februāris 2016

9. Feb 2016 14:55

( vakar gan)


https://en.wikipedia.org/wiki/Miranda_warning#History_of_Miranda_rights

The concept of "Miranda rights" was enshrined in U.S. law following the 1966 Miranda v. Arizona Supreme Court decision, which found that the Fifth and Sixth Amendment rights of Ernesto Arturo Miranda had been violated during his arrest and trial for armed robbery, kidnapping, and rape of a mentally handicapped young woman. (Miranda was subsequently retried and convicted.)

The circumstances triggering the Miranda safeguards i.e. Miranda rights are "custody" and "interrogation". Custody means formal arrest or the deprivation of freedom to an extent associated with formal arrest. Interrogation means explicit questioning or actions that are reasonably likely to elicit an incriminating response. The Supreme Court did not specify the exact wording to use when informing a suspect of his/her rights. However, the Court did create a set of guidelines that must be followed. The ruling states:

...The person in custody must, prior to interrogation, be clearly informed that he/she has the right to remain silent, and that anything the person says will be used against that person in court; the person must be clearly informed that he/she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he/she is indigent, an attorney will be provided at no cost to represent him/her.

As a result, American English developed the verb Mirandize, meaning "read the Miranda rights to" a suspect (when the suspect is arrested)

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9. Feb 2016 23:08

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