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  • Oral Statements Under Texas Law
    Oral Statements Under Texas Law

    Yesterday, we discussed the admission of a statement by the accused when the accused gives a written statement. According to the Texas Code of Criminal Procedure, the Miranda warnings must be on the ...

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  • Texas And Custodial Interrogation?
    Texas And Custodial Interrogation?

    Texas, in recognition of the importance of the privilege against self-incrimination, has codified two important regulations. In Article I, Section 10 of the Texas Constitiution (Rights of accused in ...

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  • The Effect of Berghuis v. Thompkins (08-1470) On The Police?
    The Effect of Berghuis v. Thompkins (08-1470) On The Police?

    We have been addressing the situation of when does a person unequivocally invoke one's Miranda rights? As we learned yesterday, we know that a person must unequivocally invoke his or her rights. We ...

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  • What Kind Of Statements Are Not Covered By Miranda?
    What Kind Of Statements Are Not Covered By Miranda?

    As we noted yesterday, Miranda and its progeny are concerned with statements that are made as the product of custodial interrogation. In other words, any statements by a suspect of a crime while the ...

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  • The Privilege Against Self-Incrimination, Continued.
    The Privilege Against Self-Incrimination, Continued.

    As we previously noted, the Fifth Amendment to the Constitution of the United States of America provides that no person shall be compelled to be a witness against himself or herself in any criminal ...

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  • When Someone Takes The Fifth, What Does That Mean?
    When Someone Takes The Fifth, What Does That Mean?

    The next clause of the Fifth Amendment to the Constitution of the United States of America, is the protecting against self-incrimination. This provision states that no person "shall be compelled in an ...

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