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A three paragraph essay about the Miranda rights
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“You have the right to remain silent” says every police officer during an arrest. The reason for this, is from the case of Ernesto Miranda on June 13, 1966. The Miranda rights was named after Ernesto. “Miranda was wrongly decided and should be overruled.” (Ruschmann 22) However, the Miranda rights are necessary in our society. The rights are read to anyone who is currently being arrested, so they will have knowledge of their rights.
Miranda rights are necessary. “False confession rate is somewhere between 14 and 15 percent.” (Ruschmann 92) Not everyone knows there rights. With the use of the Miranda law, whoever is arrested will have the knowledge of there rights after the law has been read to them. Without knowledge of the right to an attorney
Defenders of the Miranda decision say that fewer crimes solved are for a good reason. They believe that law enforcement officers were forced to stop coercive questioning techniques that are unconstitutional. Over the years, the Supreme Court has watered down its stance in saying that the Miranda rules are not constitutional obligations, but rather “prophylactic” safeguards intended to insure that officers do not force a confession from a suspect. The need for both effective law enforcement as well as protection of society dictates the need for potential alternatives to the limitations of Miranda that would simultaneously protect the interest of society in effective law enforcement while at the same time providing protection to suspects against unconstitutional force (www.ncpa.org).
Miranda rights are the entitlements every suspect has. An officer of the law is required to make these rights apparent to the suspect. These are the rights that you hear on every criminal investigation and policing show in the country, “You have the right to remain silent, anything you say may be used against you, you have the right to consult an attorney, if you can no t afford an attorney one will be appointed for you.” After the suspect agrees that he or she understands his/her rights, the arrest and subsequent questioning and investigation may continue. These are liberties that were afforded to suspected criminals in the Miranda Vs Arizona. However, with every rule there also exceptions like: Maryland v. Shatzer, Florida v. Powell, and Berghuis v. Thompkins.
Miranda Rights became a United States Supreme Court decision in 1966 (Miranda v. Arizona), in which the high court made a decision in favor of and upheld that the Fifth Amendment rights of Miranda were violated. The Miranda ruling gives suspects the right to remain silent and not speak to any law enforcement as a means to prevent self incrimination, the right to have an attorney present during questioning, if an attorney is requested and the defendant can’t afford one, there are provisions in Miranda for an attorney to be appointed to defend the individual.
...e police officers. Miranda established the precedent that a citizen has a right to be informed of his or her rights before the police attempt to violate them with the intent that the warnings erase the inherent coercion of the situation. The Court's violation of this precedent is especially puzzling due to this case's many similarities to Miranda.
The Miranda Warning, is the requirement set forth by the United States Supreme Court in Miranda v. Arizona June 13, 1966 that prior to the time of arrest and any interrogation of a person suspected of a crime, he/she must be told that he/she has: the right to remain silent, the right to be told that anything he/she said while in custody can and will be used against him/her in a court of law, and that he/she has the right to legal counsel. The Miranda Warnings inform the arrested of constitutional rights and are intended to prevent self-incrimination in violation of the Fifth Amendment to the U.S. Constitution (Neubauer 2002).
The decision requires law enforcement officers to follow a code of conduct when arresting suspects. After an arrest is made, before they may begin questioning they must first advise the suspect of their rights, and make sure that the suspect understands them. These rights are known as the Miranda Warnings and include:
we must first fully understand what rights citizens welcome Fifth Amendment of the Constitution. What are the "Miranda" rights?
Miranda rights, also known as the Miranda warning, is a warning given by police in the United States to suspects in custody before they are interrogated. The name Miranda rights comes from the case Miranda v. Arizona, where the Supreme Court held that the admission of incriminating statements by a suspect who has not been read their rights, violates one's right to counsel. Therefore, if a police officer does not inform a suspect of their Miranda rights, they may not interrogate that person and cannot use that person's statements to incriminate him or her in a court of law (Miranda Warning, 2014).... ... middle of paper ... ...
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you can not afford an attorney one will be appointed to you” This may be differ from state to state as long as the concept is conveyed they was read their rights. Miranda Rights is mandatory across the United States due to the Miranda v. Arizona. In the following will explain what the 3 branches Judicial, Executive, and the Legislative have done to enforce this law or to change it, as well as the effect on the people.
This source explains the rights that should be told to a suspect that is arrested, the fifth and Sixth Amendments. It also explains how Miranda was identified as the criminal and what happened in the interrogation room. This source helped me understand the specific amendments that apply to Miranda Rights.
Miranda v. Arizona is a very important activist decision that required police to inform criminal suspects of their rights before they could be interrogated. These rights include: the right to remain silent, that anything you say can and will be used against you in a court of law, you have a right to an attorney, if you cannot afford an attorney one will be appointed to you be the court. In this case the Fifth Amendment's right that a person may not be forced to incriminate one's self was interpreted in an activist way as meaning that one must be aware of this right before on is interrogated by the police. Prior to this ruling it was common practice to force and coerce confessions from criminal suspects who did not know they had the right not to incriminate themselves.
Reasonable suspicion constitutes a stop by police. According to our textbook, the Fourth Amendment protects us from unreasonable searches and seizures, which is why is it important for police to justly stop a person (p. 17). The exclusionary rule states that any evidence obtained from improper police work, like an unwarranted stop, is not allowed in court.
I hope in this paper I have made people more aware of what exactly are the Miranda rights. It is very crucial to understand these incase you are involved in an interrogation sometime in ones life. You have the rights afforded to you under the constitution, and it is important you exercise those rights.
The Miranda rights ensure a fair trial for everyone. The rights ensure that the accused has fair representation. Everyone wherathe suspected of a crime or not should be entitled to a fair trial. Police should be required to say this, so that people who don’t know their rights can be protected by the constitution. If people didn’t have the rights this would lead to an unfair trial that will be up to the government who wins. These rights make sure that the government doesn’t control the people. The United States of America stands for freedom and equality. The Miranda rights protect the freedoms of the
The Miranda warnings stem from a United States Court’s decision in the case, Miranda v. Arizona. There are two basic conditions that must be met for Miranda warnings to be required: the suspect must be in official police custody and the suspect must be under interrogation. The suspect goes through a booking process after an arrest. The suspect will have a bond hearing shortly after the completion of the booking process or after arraignment. The arraignment is the suspect’s first court appearance to officially hear the charges filed against him or her and to enter a plea. The preliminary hearing or grand jury proceeding determines if there is substantial evidence for the suspect to be tried for the crime charged. In this essay, I will identify and describe at least four rights afforded criminal defendants at the arrest stage and during pretrial. I will analyze the facts presented and other relevant factors in the scenario provided. I will cite legal authority to support my conclusions.