Miranda 5th Amendment-Final

Number of members in the Supreme Court?

There are 9 members in the Supreme Court.

Not humanice 1960 Miranda vote 

5 to 4 vote

5th amendment

deals with the constitutional right against self incrimination

What is the Miranda warning mantra?

'You have the right to remain silent, anything you say or do will be held against you in the court of law, you have a right to an attorney, if you cannot afford counsel one will be appointed for you.'

What is the basis for the law in New Jersey regarding evidence?

It is based upon a New Jersey statute and is called the rules of evidence.

What case occurred in 1966 related to Miranda rights?

Miranda v. Arizona.

What was the rule regarding voluntary statements before 1966?

If you said something voluntarily, it could be used against you.

What is the only test for a confession that was used in court before Miranda?

The confession had to be voluntary.

What can law enforcement not do if there were no Miranda rights given?

If the statement was voluntary and Miranda rights were not given, they cannot use that evidence in court.

What does a waiver mean in the context of Miranda rights?

A waiver means that a person can give up their rights, but it must be done voluntarily and intelligently.

What is the burden of proof regarding the waiver of Miranda rights?

The burden of proof is on the prosecutor to show that someone waived their Miranda rights.

When must Miranda rights be given?

Miranda rights must be given when a person is in custody or not free to go.

What happens if someone is not under arrest but is not free to go?

According to the Supreme Court, Miranda rights should still be given.

What does general on-the-scene questioning require regarding Miranda?

No Miranda rights are not needed for general on-the-scene questioning.

Are routine questions subject to Miranda requirements?

No Miranda rights are not required for routine questions.

When the state questions a private person, do Miranda rights apply?

No, Miranda rights do not apply.

What is the bright line rule by the Supreme Court?

It is a clear and distinct standard set by the Supreme Court based on case law.

Who authored the 5th amendment?

Core part of the Bill of Rights.

How does New Jersey handle spousal self-incrimination?

In New Jersey, spouses have a right not to incriminate each other based on statute.

What happens if law enforcement violates someone's constitutional rights?

Two things happen: the exclusionary rule applies and there could be a civil lawsuit against law enforcement.

What happens if law enforcement violates someone's Miranda rights regarding evidence?

The evidence can be excluded, but a civil suit is not possible as it is not procedural.

What is required for questioning to need Miranda rights?

The individual must be in custody or not free to go based on circumstances.

What must the prosecutor prove in case of a waiver of rights?

The prosecutor must prove the waiver was done voluntarily.

What is the significance of the totality of circumstances in Miranda cases?

It assesses whether a person felt they were free to leave.

When might someone be questioned in a police vehicle regarding Miranda?

Miranda rights may need to be applied depending on custody status.

What determines whether questioning in your home requires Miranda?

It depends on the circumstances surrounding the questioning.

Do emergency situations require Miranda rights?

No, emergency situations do not require Miranda rights.

What is the difference between procedural and substantive rules regarding Miranda?

Procedural rules outline the methods and steps involved in enforcing Miranda rights during a police interrogation, while substantive rules define the actual rights themselves.

Can confessions be used in court if they violate Miranda rights?

No, confessions cannot be used if miranda rights were violated.

What amendment provides protection against self-incrimination?

The 5th amendment.

What does the procedural law in Miranda cases stipulate?

It outlines how and when Miranda rights must be administered.

What is the condition for confessions to be admissible in light of Miranda?

Confessions must be given after Miranda rights have been communicated.