Difference between revisions of "Right to Silence"
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Miranda rights are only required to be read to a suspect, when the suspect is in the custody. A suspect is in custody if his liberty is constrained in such a way that a reasonable person would not free to leave. The rights are also only required to be read to a suspect when a suspect is interrogated by the police. Interrogation need not be direct questions. It occurs when the police make statements that could reasonably be expected to elicit an incriminating response. The Miranda decision also mandated that if a suspect is being questioned by the police, and the suspect requests a lawyer, the police must stop the questioning until the suspects lawyer arrives. If a suspect invokes his right to remain silent all questioning related to the particular crime must stop. | Miranda rights are only required to be read to a suspect, when the suspect is in the custody. A suspect is in custody if his liberty is constrained in such a way that a reasonable person would not free to leave. The rights are also only required to be read to a suspect when a suspect is interrogated by the police. Interrogation need not be direct questions. It occurs when the police make statements that could reasonably be expected to elicit an incriminating response. The Miranda decision also mandated that if a suspect is being questioned by the police, and the suspect requests a lawyer, the police must stop the questioning until the suspects lawyer arrives. If a suspect invokes his right to remain silent all questioning related to the particular crime must stop. | ||
| − | Miranda warnings are not required when the suspect is unaware that they are speaking with law enforcement officers and give a voluntary statement. <ref>[[Illinois v. Perkins, 496 U.S. 292 (1990)]] | + | Miranda warnings are not required when the suspect is unaware that they are speaking with law enforcement officers and give a voluntary statement. <ref>[[Illinois v. Perkins, 496 U.S. 292 (1990)]]</ref> |
== International Sources == | == International Sources == | ||
