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Author Question: In many jurisdictions the initial and first appearance before a judge where the state reads the ... (Read 37 times)

JGIBBSON

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on: Aug 17, 2018
In many jurisdictions the initial and first appearance before a judge where the state reads the official charges, called an information or indictment, against the defendant is referred to as the:
 
  A) arrest.
  B) arraignment.
  C) booking.
  D) indictment.

Question 2

In custody has great meaning toward Miranda. Explain what this actually means as it relates to the Miranda warning and what implications abound.
 
  What will be an ideal response?


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dellikani2015

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Reply #1 on: Aug 17, 2018
Answer to Question 1

Answer: B

Answer to Question 2

Answer: Under the Miranda definition, a person is in custody when the individual is otherwise deprived of his or
her freedom of action in any significant way. In Berkemer v.
McCarty, the Supreme Court established an objective test to determine whether the suspect was in
custody. The Court stated that an officers unarticulated plan to arrest the suspect has no bearing on the
question of custody. The only relevant inquiry, according to the Court, is how a reasonable person in the
suspects situation would have understood his or her situation. The Court has made a distinction
between seizure and custody. To constitute custody under Miranda, the loss of freedom must be
significant.


JGIBBSON

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Reply #2 on: Aug 17, 2018
Both answers were spot on, thank you once again


dellikani2015

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Reply #3 on: Aug 17, 2018
Great! Please up vote :D


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