List and describe at least 5 instances in which Miranda need NOT be given by law enforcement to a defendant.

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List and describe at least 5 instances in which Miranda need NOT be given by law enforcement to a defendant.

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Answer 1

Answer #1

Miranda is the warning or a form of notification that is provided to the criminal suspects so as to advise them about their rights, referred to as :

right to silence
right to refuse answering questions
providing information to law enforcement
right to an attorney

the instances where miranda may not be given is as follows:

according to the 5th amendment, only if the evidence is testimonial, Miranda would be applicable
Miranda would not be applicable to the conditions such as roadside questioning or a terry stop
When a person would voluntarily be entering the police station for questioning purposes, Miranda would not be applicable to them
If, through prompting by the police, the defendant is spilling out information, it would be subjected to being a volunteered statement and would not be implicating Miranda
if the statement is obtained by private citizens
or if the statement is obtained by an officer who is undercoveR

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Answer 2

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List and describe at least 5 instances in which Miranda need NOT be given by law enforcement to a defendant.

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List and describe at least 5 instances in which Miranda need NOT be given by law enforcement to a defendant.

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