What is the difference between the Sixth Amendment rights of a person in custody being interrogated and a person charged with a crime? Be sure to provide examples
What will be an ideal response?
After giving the Miranda warnings to persons in lawfully in custody, the police may begin questioning them. Persons who do not speak up and clearly assert their constitutional rights can be held to have waived them, the U.S. Supreme Court held in the 2010 case of Berghuis v. Thompkins.
The right to an attorney guaranteed by the Sixth Amendment is tied to a "criminal prosecution." Prior to the commencement of a criminal prosecution, the right to an attorney is not guaranteed by the Sixth Amendment. It thus becomes important to determine precisely when a criminal case "commences" because it is at that moment that the right to an attorney is triggered.
The Miranda requirements do not have to be complied with unless the following two conditions exist, first that the person must be in custody, and secondly, a government official (police, sheriff, and so on) seeks to interrogate the suspect about his or her suspected criminal conduct.
You might also like to view...
What are the factors affecting the legality of an arrest?
What will be an ideal response?
The homeless have a high _______________rate
Fill in the blank(s) with correct word
An objective or task that someone or a group believes is a duty to carry out or which has special
importance and requires special care, is known as: a. An organizational goal. b. A strategic plan. c. An agency's mission. d. A commitment to excellence.
The U. S. Supreme Court decision in ______ created the hot pursuit exception to the warrant requirement.
A. McCulloch v. Maryland B. Gideon v. Wainwright C. Miranda v. Arizona D. Warden v. Hayden