Which amendment of the U.S. Constitution is the basis for the Miranda Warning?

Prepare for the Nevada POST Test. Use interactive flashcards and multiple choice questions, each with hints and detailed explanations. Achieve confidence before your test day!

The Miranda Warning is primarily based on the protections afforded by the Fifth Amendment to the U.S. Constitution, which includes the right against self-incrimination. This amendment ensures that individuals cannot be compelled to testify against themselves in criminal cases. The requirement for the Miranda Warning arises when a suspect is in custody and subject to interrogation. In such situations, law enforcement officials must inform the individual of their rights, which includes the right to remain silent and the right to an attorney.

These warnings serve to uphold the Fifth Amendment's promise by ensuring that individuals are aware of their rights before they make statements that could be used against them in a court of law. This helps to prevent coerced confessions and protects the integrity of the legal process.

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