Miranda Warnings And The Miranda Warning Essay

Miranda Warnings And The Miranda Warning Essay

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Rating: Strong Essays

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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 to not make a person aware of their rights before arrest or detainment. In conclusion, providing an overlook of the Miranda act and its functions.


Rights of the Defendants
The Miranda waning was created to help criminals or people understand their rights before they are detained by the police, FBI, or etc. The case that called for the Miranda waning to be enacted was Miranda vs. Arizona (1966). This case declared that the suspects in custody must be informed of their rights to remain silent and be represented during questioning. At times police would find someone who lived on the streets and torture them into a confession. This was clearly unethical unfortunately people continue to be locked away.
The first part of the Miranda clearly states “You have the right to remain silent.” This basically represents that you do not have to talk to the police if you choose not too. They cannot co-hoarse you into talking to them and giving any information or a confession....

... middle of paper ...

...rime, 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 twice 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.” This amendment protects the suspect; however it does not ask or state that you can have an attorney present during questioning. In the past years many people have invoked their 5th amendment and still some testimony was used in the court of law.
The fact that the Supreme Court wants to rule out the Miranda Warning in my opinion would be unconstitutional.

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