In criminal law, law enforcement authorities conduct interrogationsâ€”i.e., questioning of a witness or a suspect, who must always be informed of his legal rights, particularly his right to speak with a lawyer, and the consequences of his answers.
Should the police fail or disregardthe â€œMiranda Warning,â€ all questions and answers during interrogations are not admissible in evidence at trial.
Contrary to popular belief, police can make arrests without saying the â€œMiranda Warningâ€ (which typically starts with the phrase, â€œYou have the right to remain silentâ€¦), although it is a sacrosanct rule to say this before questioning the suspect in custody, lest all the evidence gathered during this process cannot be used at trial.
It is important to note that the Fifth Amendment of the US Constitution protects the suspectâ€™s right against self-incrimination, while the Sixth Amendment guarantees his right to counsel in any criminal proceeding.
Furthermore, Miranda Warnings give the suspect the right to stop a police interrogation even though he has already waived the right to remain silent. The police should discontinue questioning once the person asserts his Miranda rights.
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