Incriminating Statement

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A written or verbal statement that implicates oneself or another in a crime

An incriminatory statement is any utterance or writing that tends to prove the criminal guilt of a person. Under the US Constitution, a person cannot be compelled to provide information that might be self-incriminating.

The right against self-incrimination requires law enforcement to inform the person arrested of their Miranda rights. If the suspect waives their rights, interrogation of the suspect can commence, and anything the suspect says can be used against them in a criminal proceeding.

Any active interrogation must end if the arrested suspect requests to speak with an attorney.

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