What is Miranda warning in criminal defense law?
A Miranda warning is a statement that is read to individuals who have been detained by police officers in the United States, in order to inform them of their rights. In criminal defense law, the Miranda warning is mandated by the Supreme Court in Miranda v. Arizona (1966). The Miranda Warning must include informing the individual that they have the right to remain silent, that anything they say can and will be used against them in court, that they have the right to an attorney, and that if they cannot afford an attorney, one will be provided free of charge. In Hawaii, the Miranda warning must be given by police officers in both English and Hawaiian before any custodial interrogation. This applies to all suspects aged 15 and older who have been taken into custody by the police. The Miranda warning must be given before any questioning can begin instead of after, as that would contradict the intent of the warning. The Miranda warning is an important part of criminal defense law in Hawaii, as it serves to protect individuals from self-incrimination. By informing suspects of their rights, it is designed to ensure that any evidence obtained by the police is legally obtained, and that individuals have an understanding of their rights under the law.
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