Miranda Rule and the Fifth Amendment Rights

charged with the rape and kidnapping. The Supreme Court affirmed the case. The legal issue is whether the law enforcement is required to deprive the arrested criminals of their Fifth Amendment constitutional rights against self – incrimination before they are being interrogated. The Supreme Court held that incriminating statements made by the suspected are only admissible if their Miranda rights has been read to them.

It is important that upon request, the criminal must be informed of their constitutional rights and must be allowed to exercise them. The Chief Justice Warren argues that when an individual is taken into custody, the Miranda warnings must be given. If not, the Fifth Amendment privilege against self – incrimination is jeopardized when the individual is deprived of his/her freedom. He also argues that the criminal can waive his/her rights and agree to make a statement once the Miranda rule has been given; though, a valid waiver is not presumed by mere silence. Chief Justice Warren further explained that the Miranda rule do not hamper the police in investigating crime because the general on the scene interrogation is not affected in any way.

Chief Justice Harlan, Justice Clark, and Justice White dissenting. Justice Clark argues that the Fifth and Fourteenth Amendment of the constitution should be applied towards interrogation because there is no need for a new rule like the Miranda. Justice Harlan argues that the new rule is designed to negate all pressures and reinforce the ignorant suspect. He further argues that the Fifth Amendment rule against self – incrimination was never intended to forbid all pressures against self – incrimination. Justice White argues that the Fifth Amendment forbids self – incrimination only...

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...e provided the criminal/suspect with procedural safeguards sufficient to secure the constitution’s privilege against self- incrimination. The Fifth Amendment rights keeps the criminal from testifying against themselves through questioning. The main purpose of this is to stop the government from compelling a confession through deception.

The Amendment may be pleaded for in the court of law if the criminal believes that answering during an interrogation by the police will lead to self – incrimination. The United State Supreme Court stretched the Fifth Amendment right by including any circumstances outside the courtroom that involves the limitation of personal freedom. Therefore, each time the law enforcement and its official puts a suspect or criminal into their custody, the law enforcement worker must make sure the suspect or criminal are aware of their legal right