Question
The use of Miranda warnings is a positive implementation, considering that all information can be used in a court proceeding. Miranda operates off of a
The use of Miranda warnings is a positive implementation, considering that all information can be used in a court proceeding. Miranda operates off of a two-prong rule, necessitated by custody and interrogation. Interrogation is actually pretty clear in that any questions dealing specifically with the involvement in that crime would constitute interrogation for that crime. In fact, a suspect can be questioned about other crimes without Miranda as long as he or she is not in custody for those crimes. The concept of custody is a little more confusing as custody could be construed as not being able to leave when desired. Consider the parameters of Miranda. Do you think that attorney presence should be mandatory during advisement? Why or why not? Explain.
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