Evolution of the rights of a suspect during interrogation in pre-trial criminal proceedings in the United States
Автор: Pastukhov P.S.
Журнал: Пермский юридический альманах @almanack-psu
Рубрика: Уголовное право и процесс
Статья в выпуске: 5, 2022 года.
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The article examines the evolution of the law enforcement practice of interrogations in the pre-trial criminal proceedings in the United States. Based on the study, it can be concluded that the current state of the rights of the detained suspect being interrogated became possible thanks to the long-term numerous efforts of the US Supreme Court, which in its decisions formed a set of legal guarantees. The procedural standards for interrogating suspects in the United States are based on the due process clause of the Fourteenth Amendment; the fifth amendment on the right not to incriminate oneself; sixth amendment on the right to a lawyer. Based on these amendments, Miranda's warnings have been developed, which consist of three parts: the right to remain silent; anything the suspect says can be used against him; on the right to invite or appoint a lawyer.
Criminal proceedings, the right of the suspect to a lawyer, interrogation, suspect's rights, miranda rules, amendments to the us constitution, due process of law, selfincrimination right
Короткий адрес: https://sciup.org/147237854
IDR: 147237854