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Topic: Miranda warning

	USATODAY.com - High court to debate Miranda rights, again
		The Miranda warning is required by the Constitution's Fifth Amendment and is not merely a rule made by judges to protect suspects.
		The Miranda warning, a staple of TV police dramas, may have become "embedded in the popular culture," as Chief Justice William Rehnquist wrote in a 2000 ruling upholding Miranda.
		The court has said the Miranda warning must be given in a suspect's own language, and when a suspect is a friend of the arresting officer, but not when public safety would be threatened if police stop to read a rampaging criminal his rights.
	www.usatoday.com /news/washington/2003-12-07-miranda-usat_x.htm (2641 words)

	Miranda v. Arizona - MSN Encarta
		The warning is designed to inform suspects of their rights not to incriminate themselves and to have the assistance of counsel.
		In Miranda the Supreme Court discussed these manuals, which stressed the importance of holding suspects incommunicado—cut off from family and friends—so that they would be unaware of their rights and intimidated by the power of the law.
		Miranda was convicted and sentenced to a term of 20 to 30 years in prison.
	encarta.msn.com /encyclopedia_761562244/Miranda_v_Arizona.html (685 words)

	Miranda warning - Definition, explanation
		The Miranda warning is given by police in the United States to suspects whom they have arrested and intend to question.
		The Miranda warnings were mandated by the 1966 United States Supreme Court decision in the case of Miranda v.
		Among these rights are: the possibility of warning a relative or employer of the custody, that of asking to be examined by a physician, that of discussing the case with an attorney.
	www.calsky.com /lexikon/en/txt/m/mi/miranda_warning.php (1182 words)

	Miranda warning - Education - Information - Educational Resources - Encyclopedia - Music
		The Miranda warning is given by police officers of the United States to suspects who they have arrested and intend to question.
		The Miranda Warning is a means of protecting a criminal suspect's Fifth Amendment right not to be subjected to coerced self-incrimination.
		Miranda was retried, and this time the prosecutors did not use the confession but rather made use of witnesses and other evidence.
	www.music.us /education/M/Miranda-warning.htm (836 words)

	Online NewsHour: Miranda Rights -- January 6, 2000
		To supporters, Miranda is a safeguard against police abuse; to opponents, a spoiler in hundreds of thousands of criminal cases every year because if the warning is not given or given improperly, a defendant's confession can be thrown out.
		And if Miranda were not, in fact, a constitutional ruling, the Supreme Court could not have applied it against the states, as it did in Miranda and as it has done in many cases subsequently.
		Miranda really simplified and rationalized the system which is why many, many law enforcement professionals -- Paul's comment notwithstanding -- support Miranda, believe it is professionalized law enforcement, and believe it has in fact made it easier for them to operate and have valid confessions admitted into evidence.
	www.pbs.org /newshour/bb/law/jan-june00/miranda_1-6.html (2233 words)

	Mistranslation of Miranda Warning Rendered Statements Inadmissible—Ninth Circuit
		“In this case Perez-Lopez’s warning was constitutionally infirm because it did not convey to him the government’s obligation to appoint an attorney for indigent accused.
		To be required to ‘solicit’ the court, in the words of Torres’s warning, implies the possibility of rejection.
		The relationship of Miranda warnings to the voluntariness of consent to search is tenuous, the judge said, although the presence or absence of such warnings remain a factor to be considered under Ninth Circuit precedent.
	www.metnews.com /articles/pere111003.htm (584 words)

	Miranda warning Summary
		Supporters also contend that the warning has not deterred the police in their fight against crime, and that attempts to abolish the warning will divert attention away from long-term solutions to the crime problem, such as more resources and better training for the police, better judicial administration, and so on.
		The Miranda warning is a police warning that is given to criminal suspects in police custody in the United States before they are asked questions relating to the commission of crimes.
		In 1963, Ernesto Miranda was arrested for kidnapping and rape, which he confessed to with no warning of his constitutional right to silence, or his right to have an attorney present.
	www.bookrags.com /Miranda_warning (3567 words)

	Miranda Analysis
		That is: Must an officer give the Miranda warning at times other than during the traditional "custodial interrogation" found in the Miranda case.
		Of course, the case also suggests that the police "are not required to administer the Miranda warnings to everyone whom they question." The question is whether the person is in custody or in some other situation that may be considered "coercive" by nature.
		United States, 425 U.S. Likewise, an officer is not required to provide the Miranda warnings on a traffic stop even though the person being stopped is in fact in custody for the purpose of citing them for the violation.
	www.posse.net /miranda.htm (1644 words)

	The Volokh Conspiracy - Miranda Warning:
		Miranda’s actions could have been attributed to the foolishness of a young (soon-to-be ?) lawyer, but he has steadfastly defended his lack of professionalism.
		Miranda appears to think that as long as a leader’s henchmen are acting to advance their leader, the leader owes them loyalty, even if the henchman act dishonestly or unethically.
		Miranda probably understands that his ethical lapses have made his support for Judge Roberts counterproductive (or at least irrelevant) to the only 100 people whose opinion counts in the confirmation fight.
	www.volokh.com /posts/1122501048.shtml (2699 words)

	Right to Remain Silent, Miranda Rights
		All of the statements in the warning are true; however, it is not necessary for a police officer to recite the magic words in order to arrest you.
		While the Miranda warnings are considered a cornerstone of our civil liberties, the person after whom they were named was hardly someone most people would consider a hero.
		After two hours in a police interrogation room Miranda signed a written confession, but he apparently never was told that he had the right to remain silent, to have a lawyer, and to be protected against self-incrimination.
	www.hmichaelsteinberg.com /yourmirandarights.htm (675 words)

	reviewjournal.com -- News: MIRANDA WARNINGS: Police method outlawed
		Writing for the majority, Justice David H. Souter said the tactics in a Missouri case "by any objective measure reveal a police strategy adapted to undermine the Miranda warnings." Souter said some such interrogations could be allowed if police could show they were not trying to circumvent Miranda.
		The decision was among four involving Miranda warnings that the court decided this session, with two coming down in favor of law enforcement and the other two, including the double-interview case, going against police.
		After a 20-minute break, police read the Miranda warning, then turned on a tape recorder and confronted her about the statements she had just made.
	www.reviewjournal.com /lvrj_home/2004/Jun-29-Tue-2004/news/24202353.html (985 words)

	Miranda v. Arizona Court Case \| FlexYourRights.org
		Miranda appealed his conviction on the grounds that prior to confessing, he had not been informed of his Fifth Amendment right against self incrimination or his Sixth Amendment right to counsel.
		In short, the Miranda warning is an acknowledgement of the criminal suspect's right to take what is always the best course of action for any arrestee: say nothing until you've spoken with a lawyer.
		Still, the Miranda warning is frequently misunderstood as encompassing all lawful detentions by police.
	www.flexyourrights.org /miranda_rights_miranda_v_arizona (664 words)

	Miranda IM - Miranda IM v0.6.7 Released
		Miranda IM is a smaller, faster, easier instant messenger with support for multiple protocols.
		Miranda IM is designed to be resource efficient and easy to use while still providing many features including support for AIM, Jabber, ICQ, IRC, MSN, Yahoo, and more.
		Miranda IM is released under the GNU GPL license.
	www.miranda-im.org /2007/02/09/miranda-im-v067-released (0 words)

	The Federalist Society. Practice Group Newsletters. Criminal Law and Procedure. (Site not responding. Last check: 2007-10-21)
		Miranda also creates this automatic rule of exclusion — a one-size-fits-all exclusionary rule under which an unwarned statement is not admitted in court regardless of how powerful the evidence is that the police acted fairly and that the suspect spoke voluntarily.
		Miranda and the Miranda warnings, unlike the exclusionary rule, are not remedies for the violation of constitutional rights.
		I think, however, that if Miranda is set aside we will be in a situation not where courts are suddenly trampling all over the rights of criminal defendants, but they will still be looking and are commanded to look to by 3501 as to whether or not Miranda warnings have been given.
	www.fed-soc.org /Publications/practicegroupnewsletters/criminallaw/miranda-crimv3i3.htm (6601 words)

	Criminal Law - What is the Miranda Warning? (Site not responding. Last check: 2007-10-21)
		All of the statements in the warning are true; however, it is not necessary for a police officer to recite the magic words in order to arrest you.
		While the Miranda warnings are considered a cornerstone of our civil liberties, the person after whom they were named was hardly someone most people would consider a hero.
		After two hours in a police interrogation room Miranda signed a written confession, but he apparently never was told that he had the right to remain silent, to have a lawyer, and to be protected against self-incrimination.
	members.aol.com /mlovato810/law/27d3.htm (616 words)

	Perrspectives: Articles: Miranda Warning
		Miranda, former counsel to Senate Majority Leader Bill Frist, is at the center of Memogate, the latest scandal of Republican dirty tricks.
		Miranda’s statement, and his hagiography at the hands of conservative activists, is part of the GOP effort to tar the Democrats as obstructionists blocking President Bush’s judicial nominees.
		Miranda, undaunted, filed a complaint on February 12 with the Senate Ethics Committee seeking an investigation based on the content of the Democrats' memos.
	www.perrspectives.com /articles/art_miran01.htm (1221 words)

	Miranda Warnings (Site not responding. Last check: 2007-10-21)
		In order to fully advise a person of his or her rights under this system, police must warn the driver not only that he or she has the right to consult with an attorney, but also that a lawyer will be appointed at no cost for individuals who cannot afford one.
		Typically, the central Miranda issue in DUI / DWI cases is whether the defendant was under arrest during an interrogation where he or she made incriminating statements.
		A traffic stop or a field sobriety test does not constitute an arrest, and, therefore, Miranda warnings are not required, regardless of whether the suspect has a right to refuse the tests.
	www.californiaduihelp.com /criminal_case/miranda_warnings.asp (880 words)

	Miranda's Failure To Protect the Innocent
		In contrast, Ernesto Miranda’s appeal to the Supreme Court revolved around the issue of when a confession is constitutionally admissible as evidence in a criminal proceeding under the Fifth Amendment’s bar against self-incrimination and the Sixth Amendment’s affirmation of the right to the assistance of counsel.
		Thus under Miranda and its progeny, as long as a law enforcement officer follows the proper procedure of obtaining a Miranda waiver from a person in custody and doesn’t engage in actions determined to be tortuous, a suspect’s confession can be used as evidence against him or her.
		This pattern suggests that Miranda warnings as currently delivered by the police are not an effective means of informing suspects both of the existence and extent of their privilege against self-incrimination and of their right to consult with counsel before they make any statements.
	www.justicedenied.org /issue/issue_27/miranda's_failure.html (4861 words)

	Case 14 - Miranda v. Arizona (1966)
		On March 13, 1963, Ernesto Miranda, 23, a Mexican national, was arrested in his home, taken to the police station, identified by the victim, and taken into an interrogation room.
		Miranda was convicted of robbery, and later of kidnapping and sexual assault.
		The creation of the Miranda Warning put on the shoulders of the police the burden of informing citizens subject to questioning in a criminal investigation of their rights to “due process.” Ernesto Miranda, retracting his confession, was tried again by the State of Arizona, found guilty, and sent to prison.
	www.graves.k12.ky.us /schools/GCHS/bleonard/HTML/sc/miranda.htm (995 words)

	miranda (Site not responding. Last check: 2007-10-21)
		In 1963, Ernesto Miranda was arrested for robbery, kidnapping, and rape.
		The Supreme Court ruled that Miranda was intimidated by the interrogation and that he understood neither his right not to incriminate himself nor his right to have counsel.
		Miranda was retried, and this time the prosecutors did not use the confession but rather made use of witnesses and other evidence.
	www.isd77.k12.mn.us /schools/dakota/csi/miranda.htm (250 words)

	Worldandnation: Miranda warning is still your right
		"Miranda has become embedded in routine police practice to the point where the warnings have become part of our national culture," wrote Rehnquist, a frequent and vocal critic of the Miranda decision during his earlier years on the bench.
		In a scathing opinion, Scalia called the Miranda decision "preposterous" and vowed to continue to apply the 1968 law invalidated Monday to cases that reach the high court.
		In their briefs, Reno and Justice Department officials contended that Miranda is "in many respects beneficial to law enforcement" because it provides a clear rule for police to follow.
	www.sptimes.com /News/062700/Worldandnation/Miranda_warning_is_st.shtml (769 words)

	Miranda
		If a defendant is given his Miranda rights and elects to remain silent, his silence cannot be used in court to impeach him.
		Miranda warnings are not required simply because the questioning takes place in a coercive environment in the station house or because the questioned person is one whom the police suspect."
		The Miranda Warnings are not required when an incarcerated person speaks freely to another inmate who is actually an undercover officer.
	webpages.charter.net /caselaw4cops/questioning/miranda.htm (580 words)

	CNN.com - US - Supreme Court to hear challenge to Miranda warning - April 18, 2000
		For the past 34 years, police officers, both on the street and portrayed on television, have read criminal suspects a Miranda warning, informing them of their right to remain silent and their right to have an attorney.
		Unusual, because ever since the Supreme Court's 1966 ruling that Ernesto Miranda's confession could not be used because he had not been read his rights when charged with kidnap and rape, police have been under public scrutiny to uphold the law.
		Although Congress passed Section 3501 to override the Miranda ruling, the Clinton administration considers it unconstitutional and won't defend it.
	archives.cnn.com /2000/US/04/18/miranda.rights (803 words)

	CSULB Online 49er: v10n56: Miranda warning threatened
		However, the reading of those words, the Miranda warnings, is now up for debate in the Supreme Court because of an incident that happened five years ago.
		In 1997 Oliverio Martinez was shot five times by a police sergeant in Oxnard, Calif. After being shot, as Martinez lay dying, the sergeant questioned the man all the way to the hospital and even in the sugary room.
		The Miranda warning advises citizens that it is their right to avoid making self-incriminating statements and that they have the right to request a lawyer.
	www.csulb.edu /%7Ed49er/archives/2002/fall/opinion/v10n56-our.shtml (250 words)

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