If you can't read is it legal for a police officer to have you to sign a waiver of Miranda rights?
Full Question:
If you can't read or write is it legal for a police officer to have you to sign a waiver of Miranda rights? (state of Missouri).
12/07/2008 |
Category: Criminal |
State: Missouri |
#14758
Answer:
The issue for the court to decide is whether the defendant voluntarily, knowingly, and intelligently waived his Miranda rights. The determination will be made by looking at the totality of the circumstances in each case. If the circumstances indicate that the defendant was aware of and understood the rights being waived and waived them by free will, the waiver will be upheld. It is possible for an illiterate defendant to have the waiver read to and/or explained to him/her prior to being signed, so that the signing is done knowingly and intelligently.
Please see the information at the following links:
http://definitions.uslegal.com/m/miranda-warnings/
http://definitions.uslegal.com/d/due-process/
