Section 11.19 Were Warnings Properly Given?

• Library: Criminal Practice 2012 Supp

2. (§11.19) Were Warnings Properly Given?

Under Mirandav. Arizona, 384 U.S. 436 (1966), the four warnings required before custodial interrogation are the following:

1. The defendant has a right to remain silent.

2. Any statement the defendant makes can be used as evidence against the defendant.

3. The defendant has a right to consult an attorney and to have one present during the interrogation.

4. If the defendant cannot afford an attorney and wants one, an attorney will be appointed to represent the defendant.

Miranda warnings do not have to...