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Criminal Procedure

Miranda Doctrine II

Miranda Doctrine II

Continue exploring the Miranda doctrine with this discussion of the requirements for a suspect's knowing, intelligent, and voluntary waiver of her Miranda rights, as well as what it means for a suspect to effectively invoke her Miranda rights.


As we have learned, Miranda generally prohibits the use at trial of any statements obtained from the accused as a result of “custodial interrogation,” unless the prosecution shows that there has been a “knowing, intelligent, and voluntary” waiver of Miranda rights. Miranda v. Arizona, 384 U.S. 436, 444-445 (1966). Waiver is required even where the accused does not expressly invoke his Miranda rights. Berghuis v. Thompkins, 560 U.S. 370, 382 (2010). The prosecution must prove the required...