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Miranda Rights
for Wisconsin Criminal Defendants
In simplified terms, the Miranda rules
go like this: The police must Mirandize a person when the
person is involved in a custodial interrogation. This
means
1. The person must be in custody and;
2. The person must
be subject to interrogation. Custody is defined generally
as- a reasonable person would not feel free to leave, and
interrogation is defined generally as express questioning or the
functional equivalent- a statement that a reasonable person
would expect an response/answer to.
The way the Miranda rules play out in reality
are as follows: Officers often do not arrest a person
until after they question them. You may have seen/heard
this on the T.V. show COPS. "You are not under arrest, I
am just detaining you... This way, the officer is not subjecting
the person to custody under the Miranda rules and therefore does
not have to inform the suspect of his or her Miranda rights
prior to questioning. The actual Miranda rights that must
be provided if a person is in custody and is being interrogated
are:
1. Right to remain silent;
2. Any statements can be used against the
person in court;
3. Right to consult with an attorney;
4. If indigent, an attorney may be provided
for them at no cost.
Common issues that
arise when a criminal case goes to trial or might go to trial
include:
1. Was the defendant in custody
2. Was the defendant questioned or did he or
she make a voluntary statement
3. Is there an exception to Miranda including
public safety
4. Did the suspect make an equivocal
(ambiguous) statement in an attempt to invoke his right to an
attorney
Remedy
If there is a violation of Miranda,
an the defense
attorney convinces the judge of the violation, the remedy
is that the statements made by the suspect prior to being
mirandized cannot be used at trial. This means that the
prosecution can still use other evidence of the crime but is
barred from any statements made by the defendant when he or
she was subject to custodial interrogation and should have been mirandized
but was not. *Note, this is a basic overview
of Miranda rules and does not address the common issue of a
suspect getting Mirandized and then later making a statement
regarding the same or a different crime.
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