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Essay thema miranda rights
Introduction to miranda rights
Essay thema miranda rights
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Miranda Law: More than words Do you think the Miranda law is needed? Some people think if a person does a horrible crime they should be charged with death so they can't get out of prison and do it again. Others don't think they should be put to death but to have life in jail so they are punished and can't hurt anyone again. The Miranda law is telling the person in custody their rights so that person knows what he or she can and can't do. When the police tell the people their rights and they understand the policemen can take evidence and use what they say in court. If the police didn't read they person in custody the Miranda law they can't use any evidence or make a proper erest. This is why the Miranda law is so important, if we didn't have …show more content…
The Miranda Law is a law that makes sure that criminals know what they need, It's called the Miranda Law because there was a man named Miranda that was taken into custody but wasn't read his Miranda rights. The police couldn't use any evidence or make him talk, Miranda had the right to an eternity and they didn't give him one. Miranda was then read his Miranda rights and was given an eternity, That is why we call it the Miranda Law. What is law day, law day is a day of celebration. It's the celebration of america's freedoms and the people's freedoms. Law day started in 1957, when ABA (American Bar Association) President Charles S. Rhyne envisioned a special day for celebrating our legal system. We celebrate law day because we feel the need to show how proud we are to have our freedoms, all of our rights and laws. The Miranda Law is very important to have or there would be a whole new different and difficult way to handle situation. That is why we need the Miranda Law so everybody is treated the same way and and so everybody is treated with the same punishment. The Miranda Law is made to protect people from themselves and others and to make sure they have what there are supposed to at anytime. The Miranda Law also gives us some history about how it got its name and i got more in depth of how the law works. Do we people need the Miranda Law, I think we do because if we didn't there would be more crimes going on
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.
Individual rights did not change with the Miranda decision, however it created new constitutional guidelines for law enforcement, attorneys, and the courts. The guidelines ensure that the individual rights of the fifth, sixth and the fourteenth amendment are protected.
“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.
It has been over fifty years since Miranda was arrested and will live on forever on the pockets of police officer. Every employed police officer in the America must know how to give Miranda rights. Miranda’s arrest actually made a significant impact on arrest and law enforcement. Before Miranda rights confession were used for prosecutions without hesitation, but after Miranda’s arrest things changed. Miranda v. Arizona is one of the most controversial Supreme Court cases and the case was even televised also. The Supreme Court Chief leader was Chief Justice Earl Warren who overlooked many important cases. In a split 5-4 vote in the Supreme courts overturned Ernesto Miranda’s conviction because he wasn’t informed of his rights under the fifth and sixth amendments of the United States of America constitution.
Evidence can prove that Miranda Rights should be an important right for the citizens of the United States Of America but should not be a digression or inconsequential and that shows Equality,liberty and justice. If we didn't have miranda rights we would end in a deleterious situation which would end in disaster for example, the police requirement to remember few amendment portrayed to Miranda Rights to recommend citizens that are inculpable to go to jail by police who can fabricate the situation.Evils don't have rights for other citizens like Paris which some of the victims have to be interrogated for a few days. “The Miranda warning prevents police from taking advantage of suspects who have been arrested or are in police custody. The Miranda Court determined that these protections were necessary to
... her rights given by the Fifth and Sixth Amendments before a trial. The Miranda Rights changed the way law enforcement conduct interrogations and gaining confessions. In taking the case, the Supreme Court had to determine the role police have in protecting the rights of the accused guaranteed by the Fifth and Sixth Amendment. The legal issue brought up was whether law enforcement officials must inform an accused of his constitutional rights as a responsibility.
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
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.
Some people might even argue that the Miranda’s laws might actually be harmful to law enforcement. Because the Miranda rules specify that a suspect must be read their Miranda Rights and has a right to waive those rights. If the suspect declines, the police are required by law to stop all questioning. Even if a suspect initially waives his rights, during an interrogation he can halt the process at any time by asking for a lawyer or taking back the waiver. The police, from that moment on, are not allowed to suggest that he or she reconsider (ncpa.org). Because of this, many people feel that this has had a harmful affect on law enforcement. Police have found that is much more difficult to get a confession. According to the National Center for Policy Analysis (NCPA), the fraction of suspects questioned who confessed dropped from 49% to 14% in New York and from 48% to 29% in Pittsburg. With fewer confessions, police also found that it is much more difficult to solve crimes. For example, following the Court decision, the rates of violent crime cases solved fell drastically from 60% (or higher) to approximately 45%. This level has remained constant over the years. Also, due to fewer confessions and fewer crimes that are solved, this means there are fewer convictions. According to the NCPA, there are 3.85 fewer convictions every year because of Miranda. 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 which are 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 dictate the need
The United States of America is one of the few countries in the world that cares for every citizen’s rights, even the accused. For instance, in 1966, the Supreme Court took it upon themselves to investigate the rights and treatment of the accused. The Court realized that some police officers would exploit the ignorance of the person(s)’ in question by not letting them know what rights accused persons had, and understood the government had to take action. The Miranda law requires police officers to state, “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 an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?” With these few words, America changed the way it saw
As a result of the Miranda case, all persons detained by the police should be informed of four things before being questioned:
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.
According to Reference.com (2007), law is defined as: "rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct." Essentially law is the rules and regulations that aid in governing conduct, handling disputes, and dealing with criminal actions.
The Rule of Law means that the state should govern its citizens, in a way which works with the rules that have been agreed on. The Rule of Law is simply a fundamental principle of our constitution. Britain and other Western democracies are different in that Britain has an unwritten constitution, meaning that our constitution is not found in a certain document but that we actually have a constitution from the rules about who governs it, and about the powers they entail and how that power can be passed or even transferred. The Constitution includes; Acts of Parliament, Judicial decisions and Conventions.There are three main principles around the Rule of Law being the separation of powers, the supremacy of Parliament and the Rule of Law. The