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What are the procedural steps the police are required to take once one begins to incriminate oneself in an investigation?  

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lillia17 eNotes educator | Certified Educator

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Police officers will not often stop someone from incriminating themselves. Officers provide Miranda warnings to people in custody letting them know they have the right "not" to incriminate themselves, but people can choose (unwisely) to keep talking if they want to. If police have given Miranda warnings to someone in custody, the person can then invoke their right to remain silent. In a court proceeding, silence cannot be used as evidence of guilt. However, this does not stop a police officer from recognizing a person is about to incriminate themselves and then reminding the person, "You remember you have the right to remain silent?" Officers want statements though, so this is not a common practice.

Miranda warnings can apply to people not officially "in custody" as well. In an article, "Invoking Your Right to Remain Silent," Michael...

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