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Criminal Procedure

Exceptions to Miranda's Exclusionary Rule

Exceptions to Miranda's Exclusionary Rule

Learn about the exceptions to the Miranda exclusionary rule, including impeachment, post-trial sentencing hearings, and the interests of public safety.


The general rule is that any incriminating statement obtained in violation of Miranda is inadmissible at trial against the person who made the statement. However, the Supreme Court has carved out several exceptions to this rule.

We’ll start with the impeachment exception. As we will see later on, because of the Fifth Amendment privilege against compulsory self-incrimination, a criminal defendant has a virtually absolute right either to testify in his own defense or to refuse to testify at all...