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 M¢25  Funded By Mahalo ? |  June 15, 2009 02:49 PM

What is the laws intent behind Miranda?

Explain the legal reasoning for Miranda.
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June 15, 2009 02:55 PM
This came about in the U. S. Supreme Court in Miranda v. Alabama (1966).

Before being arrested OR interrogated, any suspect must be told that the have 'the right to remain silent, the right to legal counsel, and the right to be told that anything he/she says can be used in court against" him/her.

Also, if the suspect confesses, the prosecution must then prove that the suspect was well informed of his/her rights and knowingly waived those rights, before the confession can be introduced in criminal court.

The warnings are known as "Miranda Rights".

The point is to prevent self-incrimination, which violates the Fifth Amendment to the U. S. Constitution.
Source(s):
http://legal-dictionary.thefreedictionary.com/Miranda+warning

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June 15, 2009 05:41 PM
Can a defendant be tricked or forced to confess his crimes?

Interrogated implies that force confession and the evidence it produces can be used to incriminate the defendant. What are the rules of evidence in the case of forced confession?

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