Miranda warning

Date: 2015-10-07; view: 425.

Any person taken into custody in a criminal case is protected by a number of rights. The “Miranda warning” stemming from the 1966 Supreme Court case of Miranda v. Arizona. is commonly read to all suspects of federal and state crimes. (Note that it does not apply to violators of municipal ordinances.) The warning details many of the protective rights. Any confession or other evidence developed by the authorities before a suspect has been properly informed of those rights cannot be used to convict the suspect. The warning has four parts:

1.That the person in custody has a right to remain silent.

2.That any statement the person makes may be used as evidence against her or him.

3.That the person in custody has a right to an attorney's presence.

That if he or she cannot afford an attorney, one will be appointed for him or her prior to questioning if so desired.

Answer the following questions:

1. Give an example of an unlawful act which may be a criminal offence in one country and not in another.

2. Give an example of an unlawful act which can be both a criminal offence and a civil wrong.

3. Give an example of acts which are crimes in one country but not in another.

4. What acts are universally regarded as crimes?

5. What are the two important elements of a crime which the prosecution must prove? Describe them.

6. Name and explain three defenses.

7. What is the difference between a defence and mitigation?