5TH AMENDMENT Flashcards
Miranda rights against self-incrimination, double jeopardy, and due process arise under what Amendment?
5TH AMENDMENT
Define Miranda rights
When a suspect is taken into custody by the police and is under interrogation, his confession will be admissible against him only if he has received the requisite Miranda warnings, informing him that he has the right to remain silent, that anything he says can be used against him, that he has the right to have an attorney present, and if he cannot afford an attorney, one will be appointed for him.
Miranda warnings apply to custodial interrogations.
Custodial: A suspect is “in custody” when a reasonable person would believe that he is not free to leave.
Interrogation: Refers not only to express questioning, but also to any words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect. [Rhode Island v. Innis, 446 U.S. 291 (1980)]
Suspect must be aware: A custodial interrogation does not occur when a suspect speaks to an undercover agent or government informant and the suspect does not know that he is speaking to a law enforcement officer, even if the suspect is in jail.
