Your statement of rights (also referred to as Miranda rights) is a statement of your constitutional rights that police in the United States are required to give to suspects in police custody or in a custodial interrogation before questioned about a possible criminal incident. Custodial interagation happens when a suspect is questioned about a possible crime when the situation is one in which a reasonable person would feel he was not at liberty to leave. The Supreme Court of the United States ruled that an elicited incriminating statement made by a suspect is not admissible evidence in the prosecutor?s case in chef unless the suspect was informed of the right not to make self-incriminatory statements and the right to legal repartition, and makes a knowing, intelligent, and voluntary waiver of those rights. The prosecutor?s case in chef is the part of a trial before the prosecutor rests his case and the defense presents his case. The Miranda warning is not required to detain or arrest a suspect. It is a safeguard against self-incrimination as a right under the fifth amendment of the Constitution. If law enforcement officials do not read a person his rights they may still interrogate that person and act upon the knowledge gained, but may not use that person's statements or the evidence obtained from that knowledge to incriminate him or her in a criminal trial. However, if prior to his having his rights the suspect testifies to facts different from in his statements before his was read his rights; the statements can be used to show he may be lying.
Answered on Dec 05th, 2013 at 4:39 PM