<Dd> The evidence is being offered during a criminal proceeding . Under the exclusionary rule, a Miranda - defective statement cannot be used by the prosecution as substantive evidence of guilt . However, the Fifth Amendment exclusionary rule applies only to criminal proceedings . In determining whether a particular proceeding is criminal, the courts look at the punitive nature of the sanctions that could be imposed . Labels are irrelevant . The question is whether the consequences of an outcome adverse to the defendant could be characterized as punishment . Clearly a criminal trial is a criminal proceeding since if convicted the defendant could be fined or imprisoned . However, the possibility of loss of liberty does not make the proceeding criminal in nature . For example, commitment proceedings are not criminal proceedings even though they can result in long confinement because the confinement is considered rehabilitative in nature and not punishment . Similarly, Miranda does not apply directly to probation revocation proceedings because the evidence is not being used as a basis for imposing additional punishment . </Dd> <P> Assuming that the six requirements are present and Miranda applies, the statement will be subject to suppression unless the prosecution can demonstrate: </P> <Ol> <Li> that the suspect was advised of their Miranda rights and </Li> <Li> that the suspect voluntarily waived those rights or that the circumstances fit an exception to the Miranda rule . </Li> </Ol> <Li> that the suspect was advised of their Miranda rights and </Li>

Which of the following are necessary components for miranda to apply