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Encyclopedia of Crime and Punishment

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Encyclopedia of Crime and Punishment

David Levinson

Pub. date: 2002 | Online Pub. Date: September 15, 2007 | DOI: 10.4135/9781412950664 | Print ISBN: 9780761922582 | Online ISBN: 9781412950664| Publisher:SAGE Publications, Inc.

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Miranda Rights

Janice K. Dunham

The Miranda warnings may be the most famous words ever written by the Supreme Court. The first warning is the best known: “You have a right to remain silent.” Police officers addressing a suspect in custody are required to further warn: “Anything you say can and will be used against you in a court of law; you have a right to a lawyer and to have them present with you during questioning; if you can't afford a lawyer, one will be appointed for you.” If a suspect waives these warnings he or she must do it knowingly. When the Supreme Court mandated the Miranda warnings for custodial police interrogations, its decision was greeted with uproar. Even supporters had to admit that the decision lacked precedent. Thirty-five years later, in 2000, a more restrictive Supreme Court had the opportunity to overrule the Miranda decision, but let it stand. Miranda had MIRANDA ...

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