Miranda Rights (5th Amd.) Flashcards
ADULT RIGHTS WARNING
Persons 18 years or older who are in custody must be given this advice before any questioning.
(1) You have the right to remain silent.
(2) Anything you say can be and may be used as evidence against you in court.
(3) You have the right to talk with a lawyer before questioning and to have a lawyer with you while you are being questioned.
(4) If you want a lawyer before or during questioning but cannot afford to hire a lawyer, one will be appointed to represent you at no cost before any questioning.
JUVENILE RIGHTS WARNINGS
Persons in custody who have not reached their 18th birthday (and are not members of the armed forces of the United States, or are not married, or are not emancipated by court decree) must be given this version of the advice of rights before any questioning.
(1) You have the right to remain silent.
(2) Anything you say can be and may be used as evidence against you in court.
(3) You have the right to have a parent, guardian, or custodian present during questioning.
(4) You have the right to talk with a lawyer before questioning and to have a lawyer with you while you are being questioned. If you are not represented by a lawyer and you want a lawyer with you before or during questioning, one will be appointed to represent you at no cost before any questioning.
WAIVER OF RIGHTS
After reading and explaining the rights of a person in custody, the officer must also ask for a waiver of those rights before questioing The following wavier questions must be answered affirmatively, either by express answer or clear implication. Silence alone is not a waiver.
(1) Do you understand each of these rights I have explained to you? (ANSWER MUST BE YES).
(2) Having these rights in mind, do you now wish to answer questions? (ANSWER MUST BE YES).
(3) Do you now wish to answer questions without a lawyer present? (ANSWER MUST BE YES).
If person being question is under 18, the following question must also be asked:
(4) Do you now wish to answer questions without your parent, guardian, or custodian present? (Answer must be YES. But note that if the person is under 16 and the parent, guardian, or custodian is not present, a lawyer MUST be present).
CUSTODIAL INTERROGATION OF JUVENILES
“A person in custody who has not reached his/hers __ birthday cannot be questioned unless either a parent, guardian, custodian, or attorney is present at the time of questioning. If an attorney is not present in such case, the officer mist also advice the parent, guardian, or custodian of the juvenile rights, but a rights waiver must be obtained from the juvenile in all cases.
16th.
