Explain what happens when a defendant who is hospitalized and in great pain is interrogated following the Miranda warnings.

What will be an ideal response?


Even if he is properly Mirandized, the suspect may not be able to be interrogated if he is in a physically vulnerable position or in so much pain he is unable to think clearly. This was illustrated in the Mincey v. Arizona case, where a wounded suspect was questioned after being given his Miranda warnings, but was in such bad shape the court ruled that the information he gave during that confession was not given voluntarily.
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Miranda warnings are the right of which every suspect in custody must be notified before an interrogation is permitted. The case Mincey v. Arizona stated that a defendant being hospitalized, and is in great pain, should not be interrogated. "Sickbed statements" should not be permitted to be used for any purpose. A person being hospitalized may be under the influence of drugs which may affect things that they say. Being in a great deal of pain may also affect how a defendant is thinking; someone who is in pain will be in a different mindset than someone who is not. A defendant being hospitalized may not be able to resist or escape an interrogation. The statements given under the influence of drugs and pain may also not be of free and rational choice because of confusion or influence.
If interrogation is done in these circumstances, it cannot be used in any way against a defendant at their trial.

Criminal Justice

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