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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Do You Swear to Tell the Whole Truth? The Admissibility of Lie Detector Tests
One of the greatest challenges for the judge and jury in the courtroom is to determine which witnesses are telling the truth. While witnesses must promise to tell the truth before taking the witness stand, judges and juries often hear conflicting testimony that indicates someone is being untruthful. It might seem like the technology of the polygraph, also known as the lie detector …
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Wrongful Convictions Resulting from False Confessions
In a substantial number of cases involving wrongful criminal convictions, innocent defendants voluntarily plead guilty, or otherwise confess to the crime with which they are charged. While it seems counterintuitive to the normal person to admit guilt to crime that he or she didn’t commit, innocent defendants sometimes erroneously admit guilt for a number of reasons, including fear …
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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 …