The Six Rules
The Miranda rule applies to the use of testimonial evidence in criminal proceedings that is the product of custodial police interrogation. Miranda right to counsel and right to remain silent are derived from the self-incrimination clause of the Fifth Amendment. Therefore, for Miranda to apply, six requirements must be fulfilled:
- Evidence must have been gathered.
- The evidence must be testimonial.
- The evidence must have been obtained while the suspect was in custody.
- The evidence must have been the product of interrogation.
- The interrogation must have been conducted by state-agents.
- The evidence must be offered by the state during a criminal prosecution.
Read more about this topic: Miranda Warning
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