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Author Question: Distinguish between custody and interrogation. What will be an ideal ... (Read 13 times)

Pea0909berry

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on: Aug 17, 2018
Distinguish between custody and interrogation.
 
  What will be an ideal response?

Question 2

When are Miranda Warnings required?
 
  What will be an ideal response?


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alvinum

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

Custody - Typically an arrest.
Interrogation - Express questioning (for example, Where were you on the night of the crime?) or the functional equivalent of a question. The definition of interrogation is important in the Miranda context because Miranda warnings do not need to be read if a person is not technically interrogated.

Answer to Question 2

Many people believe that Miranda rights apply whenever the police begin to question a person. This is not the case; if the person being questioned is not in custody, Miranda rights do not apply. Simple police questioning, or even a full-blown interrogation, is not enough to trigger the protections afforded by the Fifth Amendment. For Miranda protection to apply, the person subjected to such questioning must be in police custody.


Pea0909berry

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Reply #2 on: Aug 17, 2018
TY


alvinum

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Reply #3 on: Aug 17, 2018
You're welcome


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