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Miranda and the privilege against self-incrimination do not apply to identification procedures, because the warnings and privilege apply only to

a) testimonial evidence
b) physical evidence
c) probative evidence
d) circumstantial evidence

1 Answer

1 vote

Final answer:

Miranda warnings and the privilege against self-incrimination apply to testimonial evidence, not to identification procedures that include processes like lineups or picture identification, which do not solicit communicative responses from the individual.

Step-by-step explanation:

Miranda warnings and the privilege against self-incrimination apply primarily to testimonial evidence, not to identification procedures. The Miranda v. Arizona case significantly impacted the justice system, establishing that custodial interrogations require warnings to the accused that they have the right to remain silent, and anything they say can be used against them in a court of law, along with the right to an attorney. Identifications, such as lineups or showing pictures, are not considered the same as testimonial evidence as they do not involve the suspect's communicative responses, and therefore, Miranda rights are not implicated. The right against self-incrimination is a fundamental aspect of the Fifth Amendment, intended to protect individuals from being compelled to testify against themselves during a trial or custodial interrogation. But this protection does not extend to the collection of physical evidence such as fingerprints or DNA, or to identification procedures like standing in a lineup or providing a handwriting sample, as these do not involve eliciting testimonial evidence from the suspect. Therefore, the correct answer to the student's question is that Miranda and the privilege against self-incrimination apply only to testimonial evidence, highlighting the legal distinction between compelled testimony and the presentation of physical evidence or participation in identification processes.

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