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How long is a voluntary detention legally allowed to last?

User Scw
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Final answer:

The duration of voluntary detention varies by jurisdiction and situation, with some historical examples showing extended detentions without counsel. The right to be informed of legal rights is protected by the Fifth Amendment, which was affirmed in Miranda v. Arizona.

Step-by-step explanation:

The length of time a voluntary detention is legally allowed to last can vary widely depending on the jurisdiction and the specific circumstances. In general, police are not allowed to hold someone indefinitely without charging them with a crime. For example, the Lex Julia allows the detention of witnesses for up to twenty hours. However, cases like Vignera v. New York and California v. Stewart illustrate instances where individuals were held for extended periods without notification of their right to counsel, challenging the boundaries of constitutional rights. In the context of the war on terrorism, detainees like those held at Guantánamo Bay were denied habeas corpus and held indefinitely, which was highly contested.

The legality of detention durations also intersects with the Fifth Amendment, which protects individuals against self-incrimination during police interrogations without notification of counsel. This practice was questioned in cases leading up to the landmark Miranda v. Arizona decision, which established that suspects must be informed of their rights upon arrest.

User Serafim Costa
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