Right Against Self-Incrimination. ACG 6935/4939. Based in the 5th Amendment. Can only be applied if defendant’s statement is testimonial. (not blood samples, fingerprints, etc.) If the defendant’s response might be incriminating.
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Is it testimonial in nature?
Miranda applies when there is both custody and interrogation.
Confession must be deemed voluntary.
Also has a right to counsel.
Must have formal charges.
Once this right is invoked, any new contact must be initiated by defendant.