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
Famous quotes containing the word rules:
“The values by which we are to survive are not rules for just and unjust conduct, but are those deeper illuminations in whose light justice and injustice, good and evil, means and ends are seen in fearful sharpness of outline.”
—Jacob Bronowski (19081974)
Related Subjects
Related Phrases
Related Words