Explain what is meant by the Miranda rights and when they apply

What will be an ideal response?


Before the police can conduct an interrogation, or a questioning of the suspect after an arrest, they must inform the suspect of his or her rights. These rights are referred to as Miranda rights, based on the case of Miranda v. Arizona. Miranda rights are: You have the right to remain silent. If you give up that right, anything you say can and will be used against you in a court of law. You have the right to speak with an attorney and to have the attorney present during questioning. If you so desire and cannot afford one, an attorney will be appointed for you without charge and before questioning. Do you understand each of these rights I have read to you? Having these rights in mind, do you wish to give up your rights as I have explained them to you and talk to me now?
The police are required to inform a suspect of his or her Miranda rights prior to interrogation. This usually occurs when the police take the suspect into custody. "Custody" can be physical or psychological, and coercion can be mental as well as physical.

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