Question

What two (2) elements must be present for Miranda Warnings to be required? Explain each element.

Answer 1

The Miranda warning can be defined as a right to silence warning in the United States given by the police.It is for criminal suspects in police custody or a custodial interrogation before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings.

The two elements that must be present for Miranda Warnings to be required include:

1. Custody: It is the formal arrest or the deprivation of freedom to an extent associated with formal arrest
2. Interrogation: It is explicit questioning.