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Miranda v. Arizona (Miranda Rights) 37 words

Decision by the U.S. Supreme Court, June 13, 1966.

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0384_0436_ZS.html

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  1. defendant
    a person or institution against whom an action is brought in a court of law; the person being sued or accused
    In each of these cases, the defendant, while in police custody, was questioned by police officers, detectives, or a prosecuting attorney in a room in which he was cut off from the outside world.
  2. custody
    holding by the police
    In each of these cases, the defendant, while in police custody, was questioned by police officers, detectives, or a prosecuting attorney in a room in which he was cut off from the outside world.
  3. detective
    a police officer who investigates crimes
    In each of these cases, the defendant, while in police custody, was questioned by police officers, detectives, or a prosecuting attorney in a room in which he was cut off from the outside world.
  4. prosecute
    conduct a prosecution in a court of law
    In each of these cases, the defendant, while in police custody, was questioned by police officers, detectives, or a prosecuting attorney in a room in which he was cut off from the outside world.
  5. attorney
    a professional person authorized to practice law; conducts lawsuits or gives legal advice
    In each of these cases, the defendant, while in police custody, was questioned by police officers, detectives, or a prosecuting attorney in a room in which he was cut off from the outside world.
  6. interrogation
    an instance of questioning
    None of the defendants was given a full and effective warning of his rights at the outset of the interrogation process.
  7. elicit
    call forth (emotions, feelings, and responses)
    In all four cases, the questioning elicited oral admissions, and, in three of them, signed statements as well, which were admitted at their trials.
  8. admission
    an acknowledgment of the truth of something
    In all four cases, the questioning elicited oral admissions, and, in three of them, signed statements as well, which were admitted at their trials.
  9. convict
    find or declare guilty
    All defendants were convicted, and all convictions, except in No. 584, were affirmed on appeal.
  10. conviction
    (criminal law) a final judgment of guilty in a criminal case and the punishment that is imposed
    All defendants were convicted, and all convictions, except in No. 584, were affirmed on appeal.
  11. appeal
    (law) a legal proceeding in which the appellant resorts to a higher court for the purpose of obtaining a review of a lower court decision and a reversal of the lower court's judgment or the granting of a new trial
    All defendants were convicted, and all convictions, except in No. 584, were affirmed on appeal.
  12. prosecution
    the institution and conduct of legal proceedings against a defendant for criminal behavior
    The prosecution may not use statements, whether exculpatory or inculpatory, stemming from questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way, unless it demonstrates the use of procedural safeguards effective to secure the Fifth Amendment's privilege against self-incrimination.
  13. initiate
    set in motion, start an event or prepare the way for
    The prosecution may not use statements, whether exculpatory or inculpatory, stemming from questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way, unless it demonstrates the use of procedural safeguards effective to secure the Fifth Amendment's privilege against self-incrimination.
  14. enforcement
    the act of enforcing; ensuring observance of or obedience to
    The prosecution may not use statements, whether exculpatory or inculpatory, stemming from questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way, unless it demonstrates the use of procedural safeguards effective to secure the Fifth Amendment's privilege against self-incrimination.
  15. deprived
    marked by deprivation especially of the necessities of life or healthful environmental influences
    The prosecution may not use statements, whether exculpatory or inculpatory, stemming from questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way, unless it demonstrates the use of procedural safeguards effective to secure the Fifth Amendment's privilege against self-incrimination.
  16. amendment
    a statement that is added to or revises or improves a proposal or document (a bill or constitution etc.)
    The prosecution may not use statements, whether exculpatory or inculpatory, stemming from questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way, unless it demonstrates the use of procedural safeguards effective to secure the Fifth Amendment's privilege against self-incrimination.
  17. inherently
    in an inherent manner
    Pp. 444-491.

    (a) The atmosphere and environment of incommunicado interrogation as it exists today is inherently intimidating, and works to undermine the privilege against self-incrimination.
  18. intimidating
    discouraging through fear
    Pp. 444-491.

    (a) The atmosphere and environment of incommunicado interrogation as it exists today is inherently intimidating, and works to undermine the privilege against self-incrimination.
  19. undermine
    destroy property or hinder normal operations
    Pp. 444-491.

    (a) The atmosphere and environment of incommunicado interrogation as it exists today is inherently intimidating, and works to undermine the privilege against self-incrimination.
  20. adequate
    having the requisite qualities or resources to meet a task
    Unless adequate preventive measures are taken to dispel the compulsion inherent in custodial surroundings, no statement obtained from the defendant can truly be the product of his free choice.
  21. dispel
    force to go away; used both with concrete and metaphoric meanings
    Unless adequate preventive measures are taken to dispel the compulsion inherent in custodial surroundings, no statement obtained from the defendant can truly be the product of his free choice.
  22. compulsion
    using force to cause something to occur
    Unless adequate preventive measures are taken to dispel the compulsion inherent in custodial surroundings, no statement obtained from the defendant can truly be the product of his free choice.
  23. inherent
    existing as an essential constituent or characteristic
    Unless adequate preventive measures are taken to dispel the compulsion inherent in custodial surroundings, no statement obtained from the defendant can truly be the product of his free choice.
  24. unfettered
    not bound by shackles and chains
    Pp. 445-458.

    (b) The privilege against self-incrimination, which has had a long and expansive historical development, is the essential mainstay of our adversary system, and guarantees to the individual the "right to remain silent unless he chooses to speak in the unfettered exercise of his own will," during a period of custodial interrogation [p437] as well as in the courts or during the course of other official investigations.
  25. investigation
    an inquiry into unfamiliar or questionable activities
    Pp. 445-458.

    (b) The privilege against self-incrimination, which has had a long and expansive historical development, is the essential mainstay of our adversary system, and guarantees to the individual the "right to remain silent unless he chooses to speak in the unfettered exercise of his own will," during a period of custodial interrogation [p437] as well as in the courts or during the course of other official investigations.
  26. indigent
    poor enough to need help from others
    Pp. 465-466.

    (d) In the absence of other effective measures, the following procedures to safeguard the Fifth Amendment privilege must be observed: the person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in court; he must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is indigent, a lawyer will be appo
  27. cease
    have an end, in a temporal, spatial, or quantitative sense; either spatial or metaphorical
    Pp. 467-473.

    (e) If the individual indicates, prior to or during questioning, that he wishes to remain silent, the interrogation must cease; if he states that he wants an attorney, the questioning must cease until an attorney is present.
  28. presence
    the state of being present; current existence
    Pp. 473-474.

    (f) Where an interrogation is conducted without the presence of an attorney and a statement is taken, a heavy burden rests on the Government to demonstrate that the defendant knowingly and intelligently waived his right to counsel.
  29. burden
    an onerous or difficult concern
    Pp. 473-474.

    (f) Where an interrogation is conducted without the presence of an attorney and a statement is taken, a heavy burden rests on the Government to demonstrate that the defendant knowingly and intelligently waived his right to counsel.
  30. waive
    do without or cease to hold or adhere to
    Pp. 473-474.

    (f) Where an interrogation is conducted without the presence of an attorney and a statement is taken, a heavy burden rests on the Government to demonstrate that the defendant knowingly and intelligently waived his right to counsel.
  31. counsel
    a lawyer who pleads cases in court
    Pp. 473-474.

    (f) Where an interrogation is conducted without the presence of an attorney and a statement is taken, a heavy burden rests on the Government to demonstrate that the defendant knowingly and intelligently waived his right to counsel.
  32. invoke
    summon into action or bring into existence, often as if by magic
    P. 475.

    (g) Where the individual answers some questions during in-custody interrogation, he has not waived his privilege, and may invoke his right to remain silent thereafter.
  33. waiver
    a formal written statement of relinquishment
    Pp. 475-476.

    (h) The warnings required and the waiver needed are, in the absence of a fully effective equivalent, prerequisites to the admissibility of any statement, inculpatory or exculpatory, made by a defendant.
  34. equivalent
    being essentially equal to something
    Pp. 475-476.

    (h) The warnings required and the waiver needed are, in the absence of a fully effective equivalent, prerequisites to the admissibility of any statement, inculpatory or exculpatory, made by a defendant.
  35. prerequisite
    something that is required in advance
    Pp. 475-476.

    (h) The warnings required and the waiver needed are, in the absence of a fully effective equivalent, prerequisites to the admissibility of any statement, inculpatory or exculpatory, made by a defendant.
  36. constitutional
    sanctioned by or consistent with or operating under the law determining the fundamental political principles of a government
    The limitations on the interrogation process required for the protection of the individual's constitutional rights should not cause an undue interference with a proper system of law enforcement, as demonstrated by the procedures of the FBI and the safeguards afforded in other jurisdictions.
  37. jurisdiction
    in law; the territory within which power can be exercised
    The limitations on the interrogation process required for the protection of the individual's constitutional rights should not cause an undue interference with a proper system of law enforcement, as demonstrated by the procedures of the FBI and the safeguards afforded in other jurisdictions.