What is the current state of the law on the Miranda rights of a defendant in a criminal case?
California, United States of America
The following excerpt is from People v. Cossairt, No. C061883 (Cal. App. 4/12/2010), No. C061883. (Cal. App. 2010):
Under Miranda, "`the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination.'" (People v. Farnam (2002) 28 Cal.4th 107, 179.)
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