Research Paper On The Miranda Warning

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This paper provides an overlook about the Miranda Warning. The five parts of the Miranda warning are analyzed for an unaware person about the law. Each part of the Miranda warning is given and explained to make an unaware person know exactly what it means. It explains how the Miranda warning is an appropriate balance between the defendant’s rights and it still enables law enforcement to do their job duties. The Supreme Court wants to pull back the Miranda Warnings in the near future. The writer is against this act based on recent act that have been conducted by the law. The writer analyzes and presents a supported argument in favor of being against retaining the Miranda warnings as it currently stands. The writer feels that it would be unconstitutional…show more content…
They can request this prior, during, or before they are questioned by the police or FBI. The criminal is subject to questioning while counsel is present. If the lawyer tells him not to answer he should not answer per counsel consequently they can still answer if they want too.
“If you cannot afford a lawyer, one will be provided for you at government expense.” A criminal has the choice to pay for an attorney or the courts will appoint a public defender. This part of the Miranda clearly gives the suspect a choice to have an lawyer for free that will be appointed by the court. So the criminal will be able to be represented by someone and he is not by himself. It provides legal representation for them while in the court procedures.
“If you decide to answer questions, now without an attorney present you will still have the right to stop answering at anytime until you talk to an attorney.” This basically goes with the third part of the Miranda Warning to provide them the chance to not incriminate themselves. If they feel at anytime that the police may incriminate them they can stop and ask for representation. The Miranda warning was placed because so many suspects rights where being taken advantage of. “Miranda rights must be provided before questions are asked during custodial interrogations” (Cole, Smith, & Dejong,
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Honestly, this would not be a good idea. Most people do not know their rights when it comes to being pulled over or detained by a cop. On the news you see a lot of people being arrested unjustly and being detained or murdered by police. If the Miranda Warning is not around then the world of corrupt police will increase.
The Miranda rights contain certain aspects that inform the criminal of his rights and also what can be used against them. The police are able to use what they say in the process of arrest in the court of law. This in no way will hindered the cop from performing their duties. The Miranda warning introduces laws and guarantees to the criminal that would not be present if they are not recited by the police at the beginning of the act. The Miranda Warning helps to protect both the cop and the criminal during detainments and
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