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If a suspect was arrested and questioned in violation of Miranda, a voluntary statement obtained during a subsequent interrogation session will be admissible at trial.

a) True

b) False

1 Answer

4 votes

Final answer:

It is generally false that a voluntary statement made after a suspect was initially questioned in violation of Miranda rights is admissible in court. Such a statement can only be admissible if the suspect was properly advised of their Miranda rights and made a knowing waiver of those rights afterwards.

Step-by-step explanation:

If a suspect was arrested and questioned in violation of Miranda, it is generally false that a voluntary statement obtained during a subsequent interrogation session will be admissible at trial. The Miranda v. Arizona decision established the importance of procedural safeguards to protect a suspect's Fifth Amendment right against self-incrimination and Sixth Amendment right to a lawyer during custodial interrogations.

According to the Supreme Court's 5-4 decision in Miranda v. Arizona, statements stemming from a custodial interrogation are inadmissible if no procedural safeguards are employed. This means suspects must be apprised of their rights to remain silent and to have counsel present.

User Neil Traft
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