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Opinions:Miranda v. Arizona

From lawbrain.com

The Miranda court took exception with coercive and unfair tactics used by law enforcement during interrogation practices.[1] To prevent such deceptive practices, the Court held that Miranda rights must be provided to the suspect before beginning questioning. Id. The suspect can only knowingly and intelligently waive his rights after being apprised of them. Id. Can a suspect waive his Miranda rights if he fails to invoke them? In the Thompkins case, the defendant was provided Miranda warnings and after almost 3 hours of questioning said "yes" to committing the crime. Did the defendant waive his Miranda right to remain silent by saying "yes"? Do Miranda protections only apply when invoked? FindLaw Sarah 23:49, 7 June 2010 (UTC)



References

  1. http://lawbrain.com/wiki/Miranda_v._Arizona

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