!-- Google Tag Manager (noscript) -->

Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

Miranda hearing

Read a random definition: birth

A quick definition of Miranda hearing:

A Miranda hearing is a court proceeding that happens before a trial to check if the police followed the Miranda rule. The Miranda rule says that when someone is arrested, the police must tell them their rights before they ask them any questions. These rights include the right to stay silent, the right to have a lawyer present during questioning, and the right to have a lawyer appointed if they can't afford one. If the police don't tell the person their rights or if the person doesn't agree to talk without a lawyer, then anything they say to the police can't be used as evidence in court (except to check if they're telling the truth). The Miranda rule comes from a famous court case called Miranda v. Arizona.

A more thorough explanation:

A Miranda hearing is a legal proceeding that takes place before a trial to determine if the Miranda rule was followed by the police during an arrest. The Miranda rule is a constitutional right that requires the police to inform a suspect of their rights before questioning them. These rights include the right to remain silent, the right to an attorney, and the right to have an attorney appointed if they cannot afford one.

If the police do not inform the suspect of their rights or if the suspect does not waive their rights, any evidence obtained during the interrogation cannot be used against them in court (except for impeachment purposes).

For example, if a suspect is arrested for a crime and the police question them without informing them of their Miranda rights, any statements made by the suspect during the interrogation may not be admissible in court.

The Miranda rule was established in the landmark case Miranda v. Arizona in 1966. The purpose of the rule is to protect a suspect's Fifth Amendment right against self-incrimination and Sixth Amendment right to counsel.

minutio | misa

Warning

Info

General

General chat about the legal profession.
main_chatroom
๐Ÿ‘ Chat vibe: 0 ๐Ÿ‘Ž
Help us make LSD better!
Tell us what's important to you
LSD+ is ad-free, with DMs, discounts, case briefs & more.