In other words, a Miranda warning is a preventive criminal procedure rule that law enforcement is required to administer in order to protect an individual who is in custody and subject to direct questioning or its functional equivalent from a violation of his or her Fifth Amendment right against compelled self-incrimination.

The same rule also prevents prosecutors from commenting about the postarrest silence of suspects who invoke their Miranda rights immediately after arrest.

The Miranda rule is not, however, absolute.

Thus, the jurisprudential rule of Miranda must yield in " a situation where concern for public safety must be paramount to adherence to the literal language of the prophylactic rules enunciated in Miranda ".

The Miranda rule applies to the use of testimonial evidence in criminal proceedings that is the product of custodial police interrogation.

The Miranda rule does not prohibit compelling a person to engage in non-assertive conduct that is incriminating or may produce incriminating evidence.

Thus, requiring a suspect to participate in identification procedures such as giving handwriting or voice exemplars, fingerprints, DNA samples, hair samples, and dental impressions is not within the Miranda rule.

# that the suspect voluntarily waived those rights or that the circumstances fit an exception to the Miranda rule.

Simply advising the suspect of their rights does not fully comply with the Miranda rule.

Assuming that the six factors are present, the Miranda rule would apply unless the prosecution can establish that the statement falls within an exception to the Miranda rule.

Assuming that a Miranda violation occurred — the six factors are present and no exception applies — the statement will be subject to suppression under the Miranda exclusionary rule.

Since the fruit of the poisonous tree doctrine does not apply to Miranda violations, the exclusionary rule exceptions, attenuation, independent source and inevitable discovery, do not come into play.

The definition of " deliberate elicitation " is not the same as the definition of " interrogation " under the Miranda rule.

With regard to Miranda issues, state courts have exhibited significant resistance to incorporating into their state jurisprudence some of the limitations on the Miranda rule that have been created by the federal courts.

As a consequence a defendant may be able to circumvent the federal limitation on the Miranda rule and successfully challenge the admissibility under state constitutional provisions.

Practically every aspect of the Miranda rule has drawn state court criticism.

However the primary point of contention involve the following limitations on the scope of the Miranda rule: ( 1 ) the Harris exception ( 2 ) the Burbine rule and ( 3 ) the Fare rule.

Only one rule prevailed in my conversations with these men: The more highly placed they are -- that is, the more they know -- the more concerned they have become.

Hence the prime issue, as I see it, is whether a democratic or free society can master technology for the benefit of mankind, or whether technology will rule and develop its own society compatible with its own needs as a force of nature.

A very rough rule of thumb is that, under favorable conditions, you'll need 15 BTU's of cooling for every square foot of your house.

Unfortunately, the purely synthetic problem is the rule.

It is not binding upon another Superior Court, which could rule to the contrary.

More often, though, he is so accustomed to submitting to authority on the job without argument that he lives by the same rule at home.

as a rule, the earlier general dental treatment is started, the less expensive and more satisfactory it is likely to be.

The best rule of thumb for detecting corked wine ( provided the eye has not already spotted it ) is to smell the wet end of the cork after pulling it: if it smells of wine, the bottle is probably all right ; ;

Though there are many exceptions, which we have noted in preceding pages, white wine is as a rule best consumed between two and six years old, and red wines, nowadays, between three and ten.

A petition bearing the signatures of more than 1,700 Johnston taxpayers was presented to the town council last night as what is hoped will be the first step in obtaining a home rule charter for the town.

Although he pointed out that mandatory legislation impinging on home rule is basically distasteful, he added that the vital interest in election results transcended county lines.

It is an irritable rule that does baseball more harm than good, especially at the minor league level.

A rule on the Federal deductibility of state taxes is contested.

The difference is not a formal one taxonomically and there are numerous exceptions to this rule.

If the affiant is a party in the case, the affiant's opponent may be successful in having the affidavit admitted as evidence, as statements by a party-opponent are admissible through an exception to the hearsay rule.

In many cases such a selection can be made without invoking the axiom of choice ; this is in particular the case if the number of bins is finite, or if a selection rule is available: a distinguishing property that happens to hold for exactly one object in each bin.

* 1820 – Alexander Ypsilantis is declared leader of Filiki Eteria, a secret organization to overthrow Ottoman rule over Greece.

* Sequential analysis – evaluation of sampled data as it is collected, until the criterion of a stopping rule is met

The only rule universally accepted is that one should be consistent, and to make this easier, publishers express their preferences in a style guide.

In British English, according to Hart's Rules, the general rule is that abbreviations ( in the narrow sense that includes only words with the ending, and not the middle, dropped ) terminate with a full stop ( period ), whereas contractions ( in the sense of words missing a middle part ) do not.

The chain rule says that the composite of these two linear transformations is the linear transformation, and therefore it is the function that scales a vector by f ′( g ( a )) g ′( a ).

Current theories as to the cause of this dramatic drop in levels rule out volcanic activity ; therefore, it may have been a seismic event.

Fantasy sports are considered gambling and therefore illegal if the competition does not meet this rule: " prizes and awards offered to winning participants are established and made known to the participants in advance of the game or contest and their value is not determined by the number of participants or the amount of any fees paid by those participants.

Marinetti rejected conventional democracy for based on majority rule and egalitarianism while promoting a new form of democracy, that he described in his work " The Futurist Conception of Democracy " as the following: " We are therefore able to give the directions to create and to dismantle to numbers, to quantity, to the mass, for with us number, quantity and mass will never be — as they are in Germany and Russia — the number, quantity and mass of mediocre men, incapable and indecisive ".

It was therefore an outward-looking, international-minded port within the Persian Empire and the historian's family could well have had contacts in countries under Persian rule, facilitating his travels and his researches.

The momentum selection rule is therefore broken, and the plasmon resonance causes an extremely intense absorption in the green with a resulting beautiful purple-red color.

Once a natural monopoly has been established because of the large initial cost and that, according to the rule of economies of scale, the larger corporation ( to a point ) has lower average cost and therefore a huge advantage.

While the Middle Ages did see secular politics in practice under the rule of the Holy Roman Empire, the academic field was wholly scholastic and therefore Christian in nature.

" No ties " is probably the more common rule, but this makes swing declarations so dangerous that they are rare, and therefore makes the game less interesting, so the ties-acceptable rule is preferred by some professionals.

Indeed, he argues that any course of action can be made out to accord with some particular rule, and that therefore a rule cannot be used to explain an action.

Core form design tends to, as a general rule, be more economical, and therefore more prevalent, than shell form design for high voltage power transformer applications at the lower end of their voltage and power rating ranges ( less than or equal to, nominally, 230 kV or 75 MVA ).

Where, therefore, the general permission of them would be pernicious, it becomes necessary to lay down and support the rule which generally forbids them .”

This was a logical extension of his boundless faith in the rule of law as a Progressive, and it therefore even superseded U. S nationalism as embodied in the Constitution.

Grotius posited that individual human beings had natural rights ; Hobbes asserted that men consent to abdicate their rights in favor of the absolute authority of government ( whether monarchial or parliamentary ); Pufendorf disputed Hobbes's equation of a state of nature with war ; Locke believed that natural rights were inalienable, and that the rule of God therefore superseded government authority ; and Rousseau believed that democracy ( self-rule ) was the best way of ensuring the general welfare while maintaining individual freedom under the rule of law.

Dafydd's older but illegitimate brother, Gruffydd, was therefore excluded as the primary heir of Llywelyn, though would be given lands to rule.

That Munuza's seat was at Gijón or León is sufficient to demonstrate that the Arabs had established their rule in the Asturias and that Pelagius was not therefore the leader of a local resistance to Arab conquest.

By the mid-1980s, therefore, it had become essential that the PNDC demonstrate that it was actively considering steps towards constitutionalism and civilian rule.

Since theocracy is the rule of God or its priests, and democracy the rule of the people or of the majority, pharmacracy is therefore the rule of medicine or of doctors.

As a rule, therefore, the traditional speaker of the community was named and elected, preserving the community continuity.