Rights Advisement

Question 1

Court case that U.S. Supreme Court held that the refusal of police to allow accused to consult with lawyer was a violation of constitutional rights. (6th Amendment)

Answer 1

Escobedo vs. Illinois (1964)

Question 2

Court case that U.S. Supreme Court held that unless a criminal is informed of their right to council and the right against self-incrimination during police interrogation, evidence can’t be used to persecute the suspect.

Answer 2

Miranda vs. Arizona

Question 3

Provides protection against involuntary self-incrimination.

Answer 3

5th Amendment

Question 4

Right to legal council

Answer 4

6h Amendment

Question 5

Article 31

Answer 5

Military Miranda rights

Question 6

When do you advise?

Answer 6

• Prior to asking any incriminating questions.

- ASAP after exciting utterance

Question 7

A statement relating to exciting event or condition made while declarant was under stress of excitement caused by event or condition.

Answer 7

Exciting utterance

Question 8

Juvenile Considerations

Answer 8

• Nonmilitary under 18
• Parents or guardians should be present for advisement.
• both parties must agree to waiver or exercise their rights.
• parents and guardians have right to be present.

Question 9

OPNAV 5580/3

Answer 9

Suspect’s statement waiving rights

Question 10

When not to advise?

Answer 10

• Intoxicated or high

- Can’t speak english