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Upon arrest, when must a suspect be advised of their MIRANDA RIGHTS?

User Panoet
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Final answer:

A suspect must be advised of their Miranda rights before interrogation, ensuring their Fifth Amendment right against self-incrimination. These rights include advisements on the right to remain silent and the right to an attorney, both before and during questioning.

Step-by-step explanation:

Upon arrest, a suspect must be advised of their Miranda rights prior to interrogation. According to the landmark Supreme Court case of Miranda v. Arizona (1966), these rights are essential in upholding the accused's Fifth Amendment right against self-incrimination. A suspect must be informed that they have the right to remain silent, that anything they say can be used against them in court, the right to have an attorney present before and during questioning, the right to a court-appointed attorney if they cannot afford one, and the right to terminate questioning at any time.

The Miranda decision was a result of the Court's concern over police tactics that could intimidate or manipulate suspects into confessing without being fully aware of their rights. These safeguards were put into place to ensure that any statements made by the accused are voluntary and not the result of coercive interrogation practices. As such, Miranda rights have become a fundamental part of the criminal justice system, recognized by the public largely due to their depiction in police procedural dramas and real-life law enforcement practices.

User Mishadoff
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