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Término preferido

capacity to waive rights  

Definición

  • With the Fifth Amendment right against selfincrimination and the Fourteenth Amendment right to due process as its grounding, the U.S. Supreme Court, in Miranda v. Arizona (1966), established important procedural protections for criminal suspects in custodial interrogations. Aware of the inherently coercive nature of interrogations and of suspects' risk of selfincrimination, the Miranda Court mandated that the police notify suspects of their right to silence and legal representation. [Source: Encyclopedia of Psychology and Law; Capacity to Waive Rights]

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http://data.loterre.fr/ark:/67375/N9J-FL0T8J97-G

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