Constitutional Law

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Based on the 1966 Supreme Court case Miranda v. Arizona, which of the following rights is not required to be read to a suspect prior to questioning?

They have the right to remain silent

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If they decide to make a statement, it can and will be used against them in court

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They have the right to have an attorney present during interrogation or to have an opportunity to consult with an attorney

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If they cannot afford an attorney, the state will provide one

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If they cannot afford an attorney, the state will not provide one

CORRECT

Explanation

In the 1966 Supreme Court case Miranda v. Arizona, the Supreme Court made a decision that stated that as soon as an investigation begins to focus on a suspect, the so-called Miranda warnings must be read aloud before questioning can begin. The Miranda warnings are composed of the following four components: they have the right to remain silent;if they decide to make a statement, it can and will be used against them in court; they have the right to have an attorney present during interrogation or to have an opportunity to consult with an attorney; and if they cannot afford an attorney, the state will provide one. The choice that stated "if they cannot afford an attorney, the state will not provide one" is not a part of the Miranda warning.