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Admonitions and Waivers

Admonitions and Waivers

Most of your communications with criminal suspects are "unscripted" dialogue. But in certain situations it can be very important that you say the right words, at the right time, to avoid creating problems for yourself, your agency, and your prosecutor.

May 4, 2015

Reduce Negative Impact of Miranda

Reduce Negative Impact of Miranda

Has Miranda v. Arizona adversely affected criminal justice and public safety? Miranda has resulted in the inability to clear a quarter-million homicides, 1 million rapes, 5 million robberies, and 9 million aggravated assaults.

March 11, 2014

SCOTUS: Silence Can Be Evidence of Guilt

SCOTUS: Silence Can Be Evidence of Guilt

Crime suspects need to speak up if they want to invoke their legal right to remain silent, the Supreme Court said Monday in a ruling that highlights the limited reach of the famous Miranda decision.

June 20, 2013

50 Years After Miranda

50 Years After Miranda

Officers on the job before 1966 knew that the right to remain silent was guaranteed by the Constitution, but no officer from that era ever thought it was his job to remind offenders of their rights. That changed with the arrest of Ernesto Miranda in March 1963 and the landmark U.S. Supreme Court decision that followed.

May 21, 2013

Boston Bombing Suspect Silent After Miranda

Boston Bombing Suspect Silent After Miranda

The surviving Boston Marathon bombing suspect has stopped talking to authorities, after a representative of the U.S. Attorney's Office entered his hospital room and advised him of his Miranda rights.

April 25, 2013

No Miranda Invocation for Boston Bombing Suspect

A special interrogation team for high-value suspects will question the surviving Boston Marathon bombing suspect without reading him his Miranda rights, U.S. Attorney Carmen Ortiz announced Friday.

April 22, 2013

Mistrial Declared In Miami Cop's Killing

Eight jurors wanted to acquit Dennis Escobar of the 1988 killing of a popular Miami patrolman. But four, bothered by key facts of Escobar's role in the slaying—some detailed in testimony from his own wife—couldn't agree to a not-guilty verdict

March 20, 2013

Ariz. Death Row Inmate's Conviction Overturned

Ariz. Death Row Inmate's Conviction Overturned

A federal appeals court has overturned a death sentence for an Arizona woman who arranged to have her 4-year-old son murdered, because a Phoenix Police detective failed to honor her Miranda rights.

March 15, 2013

Suspect-Initiated Interrogation

Suspect-Initiated Interrogation

Once a custodial suspect has been given Miranda warnings and has acknowledged his understanding, he might waive his rights and submit to questioning, or he might invoke—either by indicating that he doesn't want to talk, or by requesting counsel.

January 9, 2013

Lawyers and Miranda Warnings: Either/Or?

Lawyers and Miranda Warnings: Either/Or?

It sometimes happens that a suspect's lawyer offers to surrender him for arrest and agrees to let his or her client be questioned, provided the lawyer is present during the interrogation.

September 7, 2012

SCOTUS: Miranda Warning Not Required for Inmate Questioned About Other Crime
Drawing Lines Around Miranda

Drawing Lines Around Miranda

In November, the U.S. Supreme Court issued its 54th decision on a Miranda issue, in a case called Bobby v. Dixon. This is the third decision on the issue of the admissibility of a suspect's statements obtained after a belated warning and waiver.

February 13, 2012

Juveniles and Miranda "Custody"

Juveniles and Miranda "Custody"

In J.D.B. v. North Carolina, the Supreme Court didn't really clarify the issue of Mirandizing juveniles. Until further issues are litigated, officers should consult policy advisers to obtain guidelines for Mirandizing and interrogating juvenile suspects.

August 1, 2011

'Functional Equivalent' of Miranda Questions

'Functional Equivalent' of Miranda Questions

"Interrogation" has been defined by the Supreme Court to include both direct questioning and its "functional equivalent." What does this term mean? Three Supreme Court cases and numerous decisions from the federal appeals court have considered this question.

May 11, 2011

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