AJ 4 Lecture Notes - Lecture 9: Exclusionary Rule, Miranda Warning, Perjury

• School: Irvine Valley College
• Department: Administration of Justice
• Course: AJ 4
• Professor: Watkins

Document Summary

1996 miranda v arizona: have a right to refuse questioning, right to grand jury, protected from double jeopardy, due process guarantees the right to fundamental fairness and the expectation of fair trials, hearings, and similar procedural safeguards. The suspect must state that he intends to remain silent. It can be waived but must be understood first. Once a suspect asks for an attorney all question must stop. Unless the suspect has been released from custody for two weeks. Police can also question for a different crime still stating the warning. Miranda warning: the requirement that when a person is custodially interrogated, police inform the individual of the right to remain silent, the consequences of failing to remain silent, and the constitutional right to counsel. If a defendant perjures himself, the government to impeach his testimony during trial can use evidence obtained in violation of the miranda warning.