Explore the legal terms and concepts related to Miranda. Click on any term below to learn more about its definition and applications.
What is the public safety exception to the Miranda requirement?
Otherwise inadmissible statements are admissible where there is a legitimate concern for public safe...
How many one properly invoke the right to counsel?
To invoke the right to counsel, a person must be unambiguous. All questions must cease until counsel...
In assessing a Miranda related 5th Amendment issue, what constitutes a waiver?
A waiver must be knowing, voluntary, and intelligent. Look to the totality of the circumstances.
In assessing a Miranda related 5th Amendment issue, what constitutes an interrogation?
An interrogation is conduct where the police knew or should have known that they might elicit an inc...
What is the Miranda requirement of the 5th Amendment?
The 5th Amendment requires that, for a confession to be admissible, a person in custody must be give...
In assessing a Miranda related 5th Amendment issue, what constitutes custody?
A person is in custody if, at the time of the interrogation, they feel that they are not free to lea...
What is the admissibility of illegally obtained confessions?
Prosecutors may use illegally obtained confessions (in violation of Miranda) to impeach the defendan...
What part of the interrogation process does Miranda apply to?
The right to Miranda applies to the entire process of custodial interrogation.
How may one properly invoke the right to silence?
To invoke the right to silence, a person must be explicit, unambiguous, and unequivocal. The police...
