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Q: What assumptions underlie the Miranda rule and its warning?
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Related questions

What rule allows your rights to be read before you are arrested?

This rule is known as the Miranda rule. The warnings are known as Miranda warnings.


What does the Miranda rule say?

Miranda Warning:"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?"


What are the results of Miranda vs Arizona?

Arresting Officer don't have to issue the Miranda warning when making an arrest for instance a crime committed in the presence of an Officer or a third party saying that person committed a crime the rule of thumb is Custody and asking questions about a crime = Miranda warning, common question like address, name, age ext. no Miranda, spontaneous utterance like I didn't mean to hurt or kill that person could be used in court Judge would have to decide but after a spontaneous utterance like above Miranda must be giving.


How did the Supreme Court rule in the Miranda decision?

The supreme's court overturned Miranda conviction in a 5 to 4 decision.


How did Miranda warning get its name?

The Miranda warning came about as a result of the decision of the United States Supreme court in the case of Miranda v. Arizona 384 U.S. 436 (1966). Ernesto Miranda was arrested by the Phoenix, Arizona Police Department for a rape that had occurred ten days earlier. Miranda signed a form indicating that he understood all of his rights, and then confessed to the crime. The court found that is was unlikely that Miranda actually knew he had a right not to talk to police, and reversed his conviction. Miranda was re-tried on evidence that did not include the confession, and was found guilty. After being released from prison, he was stabbed to death in a fight in a Tuscon bar.The Miranda decision imposed a requirement that persons who were being asked questions that could incriminate them and who were not free to leave police custody be formally advised of their right not to answer questions and to have the assistance of legal counsel (an attorney) during questioning. If a custodial interrogation takes place without the Miranda warning and a waiver of those rights, information from the interrogation is inadmissible at trial.There are numerous exceptions to the Miranda rule. Also, there is no requirement to advise someone of their rights per Miranda if they are not being questioned in a custodial setting.


What is the most prominent exception to the Miranda rule?

The most prominent exception to the Miranda rule is the public safety exception. This exception allows law enforcement to question a suspect without reading their Miranda rights if there is an urgent concern for public safety, such as the need to address a potential threat or prevent harm to others.


What did the US Supreme Court case New York v Quarles establish?

It established that there is a public safety exception to the rule requiring Miranda rights that can justify their absence. The Miranda rule held not to preclude accused's interrogation prompted by concern for public safety.


What basic assumptions is behind roosevelts speech that is not behind tafts veto speech?

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When is a warning issued on WikiAnswers?

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What is the legal basis for the Miranda warning?

The Miranda rights are based in the amendments to the Constitution. The 5th amendment states the right to remain silent and the 6th states the right to an attorney. The precedent of reading them as a suspect is taken into custody was set in the supreme court case Miranda v. Arizona, in which it was determined that reading the Miranda rights would help protect the suspect's rights.


Does the court mail you a warning if you have a bench warrant?

In the United States, as a general rule, no.