Our Miranda Rights - Everything about Miranda Rights by Dr.Bethel Erastus-Obilo

 

 

Alibi

A defense based on the physical impossibility of a defendant’s guilt by placing the defendant in a location other than the scene of the crime at the relevant time. Federal Rules of Criminal Procedure 12.1.2

Arrest

The taking or keeping of a person in custody by legal authority especially in response to a criminal charge.

Automatic Reversal Rule

if a suspect’s involuntary confession is used as evidence at his or her trial, and it can be proved that the defendant was not properly read the Miranda Warning or did not understand the rights explicit in that warning, then the defendant’s constitutional rights have been abused and any conviction will probably be dropped.

Booking Procedures

If standard police procedures are being followed, specifically booking procedures, where a suspect is fingerprinted and photographed, then Miranda is not required.

Custody

Custody indicates arrest, when one is not at liberty to leave a place – the suspect is under arrest by the police.

Derivative Evidence

Evidence that is discovered as a result of illegally obtained evidence and is therefore, inadmissible because of the primary taint.

Edwards Rule

A suspect who invokes the right to have counsel present during interrogation may not be approached by officers attempting renewed interrogation unless the break-in-custody rule is applied.

Fifth Amendment

The fifth amendment to the US Constitution which, amongst other things, provides the privilege against self-incrimination.

Grand Jury

A grand jury is a group of people that are selected and sworn in by a court, just like jurors that are chosen to serve on a trial jury.

Harmless Error Doctrine

An error made by a trial court but not considered sufficient to set aside a conviction.

Impeachment

The removal of an official from office or a statement made by a witness.

Interrogation

Questioning of a suspect by valid legal authority.

Massiah Doctrine

Based on the Sixth Amendment right to counsel, this excludes statements deliberately elicited from an accused in the absence of a lawyer or a waiver of the right.

Mirandize

To read a suspect in custody his rights and warning before questioning by the police.

Massiah Doctrine

Based on the Sixth Amendment right to counsel, this excludes statements deliberately elicited from an accused in the absence of a lawyer or a waiver of the right.

Mirandize

To read a suspect in custody his rights and warning before questioning by the police

Obligation

Duty owed to someone or the state

Pedestrian

A person on foot. Ordinary or regular.

Precede

To go before.

Privilege

Rights or entitlement.

Public Safety Exception

An exception to the Miranda rule that allows the police to questioning a suspect without reading him Miranda rights when the safety of the public is at stake

Purged Taint

A discrepancy on the procedure that has been made right.

Self-Incrimination

To make statements that show that one is guilty.

Spontaneous

Without prompting.

Surreptitious Questioning

The Miranda rule and a suspect's 5th Amendment rights are not violated if undercover police or their informants are used to obtain incriminating testimony from a suspect.

Unambiguously

Clear and straight-forward.

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Last updated on March 3, 2019

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