What must suspects be advised of prior to conducting a custodial interview?

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In the context of custodial interviews, it is essential that suspects are informed of their Miranda Rights before any questioning occurs. The Miranda Rights include the right to remain silent and the right to an attorney. These rights are a fundamental safeguard designed to protect suspects from self-incrimination during police interrogations, ensuring they are aware of their rights in a situation where they may not feel free to leave.

Failure to inform suspects of their Miranda Rights can lead to any obtained statements or confessions being deemed inadmissible in a court of law. This principle stems from the U.S. Supreme Court decision in Miranda v. Arizona, which established that individuals in custody must be made aware of these rights before police questioning to ensure they can make an informed decision regarding whether to speak to law enforcement.

While advising suspects of their legal representation options, the charges against them, or the expected duration of the interview can be important aspects of custodial procedures, these factors do not hold the same legal weight or consequence as informing them of their Miranda Rights prior to questioning. Only the latter is mandated to uphold the constitutional protections afforded to suspects during custodial interrogations.

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