What Happens If I Am Arrested?
After you have been arrested, there are certain timeframes and procedures that the prosecution and the court must follow. Usually, the police will advise you of your Miranda rights (the …
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What Are The Miranda Rights?
Also known as the Miranda Rule or the Miranda Warning, when you are arrested in the U.S.A, police officers must warn you that you have the right to remain silent, that any thing you …
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Where Do The Miranda Rights Come From?
The Miranda rights come from the Supreme Court’s interpretation of the 5th Amendment rule against self incrimination. In 1966, the U.S. Supreme Court decided the historic case of …
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Double Jeopardy
The Fifth Amendment to the United States Constitution provides, in part, that, “…nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb…” This is known as the double jeopardy clause and it protects people from being tried for the same crime on the same set of facts more than one time by the same government. While the …
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Police Misconduct Leading to Wrongful Convictions
While there are many honest and ethical law enforcement officials in the United States justice system, there are also some law enforcement officials who unfortunately commit misconduct with regard to the crimes that they are investigating. Not only do these law enforcement officials adversely impact the credibility of other honest officials, but they can literally destroy the lives of …
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Defendant's Waiver of Indictment
This form is used by a criminal defendant to waive his or her right to prosecution "by indictment" and to give consent to be prosecuted "by …