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Research on miranda warning
Essay on the history of the Miranda Warnings
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Miranda Warnings You have the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during police questioning, if you cannot afford an attorney, one will be appointed to you by the state. These words have preceded every arrest since Miranda v. Arizona 1966, informing every detained person of his rights before any type of formal police questioning begins. This issue has been a hot topic for decades causing arguments over whether or not the Miranda Warnings should or should not continue to be part of police practices, and judicial procedures. In this paper, the author intends to explore many aspects of the Miranda Warnings including; definition, history, importance to society, constitutional issues, and pro’s and con’s of having the Miranda Warnings incorporated into standard police procedures. 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 Fifth Amendment to the Constitution states “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation” (Murphy1996). By neglecting to inform a suspect of his Constitutional rights the due course... ... middle of paper ... ...nbsp; 1. Frieden, T. (1999, November 10). Government files brief seeking to preserve Miranda warnings. CNN. Retrieved Saturday May 1, 2004 from the World Wide Web: http://www.cnn.com/US/9911/02/miranda.warnings.01/ 2. Ivers, G. (2002). American Constitutional Law: Power and Politics. Boston: Houghton Mifflin. 3. Miranda v. Arizona: Certiorari to The Supreme Court of Arizona. (1966). United States Supreme Court. Retrieved April 23, 2004 from the World Wide Web: http://www.tourolaw.edu/patch/Miranda/ 4.. Mount, S. (2003). The Miranda Warning. Retrieved Saturday May 1, 2004 from the World Wide Web: http://www.usconstitution.net/miranda.html 5. Murphy, G. (1996, October 16). Historical Documents: The Bill of Rights. Cleveland Free-Net. Retrieved April 23, 2004 from the World Wide Web: http://www.lcweb2.loc.gov/const/bor.html 6. Neubauer, D.W. (2002). America’s Courts and the Criminal Justice System. Belmont, CA: Wadsworth: Thomson Learning.
Elsen, Sheldon, and Arthur Rosett. “Protections for the Suspect under Miranda v. Arizona.” Columbia Law Review 67.4 (1967): 645-670. Web. 10 January 2014.
...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 American criminal justice system decided differently in the similar circumstances. The courts endorce the police, detectives and prosecutor’s methods to take confession from defendants during the interrogation at law enforcement agencies office. It was viewed alright for the detectives to use psychological intimidation methods to get confession from the defendants in interrogation rooms. And the courts did not see as if there were any deprivation of defendants rights. During the appeals the courts decided that defendant was informed of his rights and he was willingly and awarely confessing the guilty of crime. 3)The rendering of this decision had constitutional implications in which other Supreme court cases would try to use Miranda rights as precedence or oppose the
Government. "The Bill of Rights: A Transcription." National Archives and Records Administration. National Archives and Records Administration, 15 Jan. 2007. Web. 12 Apr. 2014.
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: 1. What is the difference between a. and a. You have the right to remain silent and refuse to answer questions. 2.
The act of interrogation has been around for thousands of years. From the Punic Wars to the war in Iraq, interrogating criminals, prisoners or military officers in order to receive advantageous information has been regularly used. These interrogation techniques can range from physical pain to emotional distress. Hitting an individual with a whip while they hang from a ceiling or excessively questioning them may seem like an ideal way to get them to reveal something, but in reality it is ineffective and . This is because even the most enduring individual can be made to admit anything under excruciating circumstances. In the Fifth Amendment of the Bill of Rights there is a provision (“no person shall be compelled in any criminal case to be a witness against himself” ) which reflects a time-honored common principle that no person is bound to betray him or herself or can be forced to give incriminating evidence. This ideology of self-incrimination has been challenged heavily over the past s...
“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.
“You have the right to remain silent. Anything you say can and will be held against you in the court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you.” (What are your Miranda rights?). Two rights you should know, and 4 sentences you never want read to you.
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.
The Duhaime’s Law Dictionary defines Miranda Warning as: “A requirement that police officers, in the U.S.A., before any questioning is so begun, warn suspects upon arrest that they have the right to remain silent, that any statement that they make could be used against them in a court of law, that they have the right to contact a lawyer and that if they cannot afford a lawyer, that one will be provided”. If an officer fails to read the Miranda warning prior to questioning, any confession or information that is obtained will not be admissible in court.
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.
The Miranda Rights themselves are “...part of a preventive criminal procedure rule that law enforcement are
Schmalleger, F. (2009). Criminal justice today: an introductory text for the 21st century (10th ed.). Upper Saddle River, NJ: Pearson Prentice Hall.
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
In conclusion, as citizens of America, we are granted numerous rights in court. According to the Miranda laws, a person has the, “Right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.” A person must be fully aware of their rights in order to have a fair case in court. These rights come from the famous Miranda v. Arizona case. In this case the perpetrator, Ernesto Miranda, was not informed of his rights, therefore his confession was inadmissible. This is widely shown through various cases throughout the new justice system.