Dictionary of Law

Miranda warning :: legal definition

Miranda warning - n. the requirement, also called the Miranda rule, set by the U.S. Supreme Court in Miranda v. Arizona (1966) that prior to the time of arrest and any interrogation of a person suspected of a crime, he/she must be told that he/she has: the right to remain silent, the right to legal counsel, and the right to be told that anything he/she says can be used in court against him/her. The warnings are known as Miranda rights or just "rights." Further, if the accused person confesses to the authorities, the prosecution must prove to the judge that the defendant was informed of these rights and knowingly waived them, before the confession can be introduced in the defendant's criminal trial. The Miranda rule supposedly prevents self-incrimination in violation of the Fifth Amendment to the U.S. Constitution. Sometimes there is a question of admissibility of answers to questions made by the defendant before he/she was considered a prime suspect, raising a factual issue as to what is a prime suspect and when does a person become such a suspect?

See also: rights and Related Law Terms ↓

Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
admission of guilt :: n. a statement by someone accused of a crime that ... ssion guilty Miranda warning rights
admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman
adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt
advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit
after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction
American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800.
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
Associate Justice :: n. a member of the U.S. Supreme Court appointed by ... acquitted.) See also: Supreme Court
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed.
bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance
bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff.
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless
Chief Justice :: n. the presiding judge of any State Supreme Court ... nks of existing Associate Justices.
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply.
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination
confession :: n. the statement of one charged with a crime that ... Miranda warning self-incrimination
confession and avoidance :: n. when a defendant admits the allegations in a co ... tries to avoid their legal impact.
confidential communication :: n. certain written communications which can be kep ... privilege privileged communication
conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer.
confrontation :: n. 1) fight or argument. 2) the right of a crimina ... s. See also: Bill of Rights witness
conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian
constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights
constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive
continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection
contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
Court of Customs and Patent Appeals :: n. a federal court established (1929) to hear appe ... lso: Customs Court patent trademark
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
cruel and unusual punishment :: n. governmental penalties against convicted crimin ... opted. See also: capital punishment
day in court :: n. popular term for everyone's opportunity to brin ... rt to protest his speeding ticket."
declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration
declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
dissent :: n. 1) the opinion of a judge of a court of appeals ... sagreement with prevailing thought.
double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier.
equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail
excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment
extrinsic fraud :: n. fraudulent acts which keep a person from obtain ... it. See also: fraud intrinsic fraud
federal question :: n. one basis for filing a lawsuit in federal distr ... ves the federal court jurisdiction.
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial.
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
fruit of the poisonous tree :: n. in criminal law, the doctrine that evidence dis ... property. See also: Miranda warning
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
guest :: n. 1) in general, a person paying to stay in a hot ... ce. See also: guest statute invitee
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability
incompetency :: n. the condition of lacking the ability to handle ... and/or represented by an attorney.
incriminate :: v. to make a statement in which one admits that he ... d to information which would be so.
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy.
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
interrogation :: n. questioning of a suspect or witness by law enfo ... the poisonous tree Miranda warning
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection
jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy
joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial.
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent
land :: n. real property, real estate (and all that grows ... See also: real estate real property
lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection
legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property.
lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best.
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney
long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant.
maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life."
McNabb-Mallory rule :: n. a federal rule of evidence in criminal trials t ... present. See also: Miranda warning
M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense
motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity
notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary.
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography
overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain
own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R.
paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product.
plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
political question :: n. the determination by a court (particularly the ... ne-vote," as constitutional issues.
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty.
prime suspect :: n. the one person law enforcement officers believe ... in trial. See also: Miranda warning
privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege
privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights.
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error
right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement
right to privacy :: n. the possible right to be let alone, in absence ... e also: invasion of privacy privacy
rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning
roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning
rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court
rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide
self-serving :: adj. referring to a question asked of a party to a ... ng declaration. See also: objection
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court.
sound mind and memory :: n. having an understanding of one's actions and re ... ee also: competent incompetent will
special administrator :: n. a person appointed by the court in a probate pr ... or administrator. See also: probate
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial
spontaneous exclamation :: n. a sudden statement caused by the speaker having ... et hit the girl." See also: hearsay
state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights
status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
summons :: n. a document issued by the court at the time a la ... use service service of process writ
supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra.
sustain :: v. in trial practice, for a judge to agree that an ... /she will "overrule" the objection.
tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
unconstitutional :: adj. referring to a statute, governmental conduct, ... ee also: constitution Supreme Court
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
will :: n. a written document which leaves the estate of t ... will and testament probate testator

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Other Law Terms - M

M. O. :: n. slang for modus operandi, the way or pattern in ... her crime. See also: modus operandi
magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing
Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta.
mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out.
maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem
majority :: n. 1) the age when a person can exercise all norma ... t. See also: child infancy minority
make :: v. 1) to create something. 2) to sign a check, pro ... xchange check maker promissory note
make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages
maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note
malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum
malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
mandatory :: adj., adv. absolutely demanded or required. ... v. absolutely demanded or required.
mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder