Suspects Need Their Miranda Rights Essay - 1746 Words

In criminal trials, a defendant’s confession often delivers evidence that is influential when it is the primary source of the prosecutor’s evidence. When a suspect is brought into police custody to obtain a confession or a statement, police officers are required to read the Miranda warning if they believe the confession will be used to convict the suspect. The constitutional basis for the Miranda warning and the conditions for a voluntary waiver of the Miranda rights were announced by the U.S. Supreme Court in Miranda v. Arizona. Miranda v. Arizona, announced June, 13 1966, resolved four separate criminal appeals concerning the role of the Fifth Amendment to the Constitution in police interrogations of criminal suspects. An Arizona jury†¦show more content†¦In the five to four ruling, the four who opposed thought the Miranda would be costly, freeing guilty people. They predicted an alarming effect on confessions and an increase in inadmissibly in confessions. T hey debated that the Warren Court had gone too far expanding the rights of criminal defendants. Debates added, with some arguing that confession and conviction rates have dropped because of the warning and waiver requirements. However, proponents of Miranda argue the warning encourages civility in law enforcements; it increases public awareness of constitutional rights, the impact of valid confessions is insignificant, and as many as four out of five suspects waive their rights and go forward through interrogation despite Miranda. The obligation to read the warning is only relevant is when the police expect to use the confession as evidence. If a suspect confesses prior to being taken into custody, the validity of the confession depends on whether the confession was truly spontaneous. According to the Colorado v. Connelly ruling, neither a Miranda nor a voluntariness analysis required a suppression of a confession because there was no police conduct. If a suspect offers a spontaneou s confession, volunteers to be in police custody, or if the police believe that the prosecutor to use the confession as evidence, then Miranda doesn’t go into effect. Police use a variety ofShow MoreRelatedThe Rights Of The Criminal Justice System902 Words   |  4 Pagesthe rights of its citizens, our Country established the Miranda system in order to protect the rights of individuals who go through the Criminal Justice System. Prior to the Miranda system, individuals did not receive a fair trial considering that some were forced to plead guilty for a crime that they did not commit. It wasn’t until 1964 that the Supreme Court realized that the accused rights should be protected during an interrogation. Miranda was a step forward in order to protect our rights asRead MoreThe Importance Of Interrogating A Suspect Before He Or She Is Arrested1572 Words   |  7 Pages MIRANDA 2 Miranda The Police have many different ways of interrogating a suspect before he or she is arrested. Some individuals feel very intimidated when being questioned by law enforcement about a crime( Mcgraw, Hill 2011). As a Chief Investigator in the criminal division of the Hardeman County Sheriff Department, it is very important that every person knowsRead MoreMiranda Warnings And The Miranda Warning976 Words   |  4 PagesThe Miranda Warning â€Å"Movie and TV shows often depict crime with a police officer handcuffing a suspect and warning him that he has the right to remain silent. While those warnings may appear clear-cut, almost 1 million criminal cases may be compromised each year in the United States at the 119th Annual Convention of the American Psychological Association.†(Rogers, 2011) The Miranda warning, also known as the Miranda rights, is important and in place to inform people of their rights upon arrest. EveryoneRead MoreMiranda Vs. Arizona Case980 Words   |  4 PagesBetween February and March of 1966 the Supreme Court case, Miranda vs. Arizona took place (Worrall, 2015). In this case, a man named Ernesto Miranda was arrested in Arizona because he was accused of raping a woman. Miranda was interrogated by officers for two hours before confessing both written and orally. He was charged with kidnapping and rape and sentenced to 20-30 years in prison. While this case is the main thing upholding the Su preme Court’s ruling, there were three other cases backing theirRead MoreThe Creation of Miranda Rights Essay767 Words   |  4 PagesThe Creation of Miranda Rights The constitution was designed to have basic laws to govern by and at the same time providing citizens with the basic rights of life, liberty and happiness ( which later became property). These terms are pretty vague thus they often need to be given specific meaning or interpretation in a courtroom. The constitution also includes a set of amendments that are called the bill of rights, because they mainly deal with rights of he â€Å"people† and citizens of the UnitedRead MoreThe Case Of Miranda V. Arizona907 Words   |  4 PagesUnder the U. S. Const. amend. IV, states that an individual has the right not to answer or feel compelled to answer if they believe the answer may be self-incrementing. [1] This is under the premise that speaking may implicate oneself in a crime, and the speech obtained used against them in a court of law as a result of an interrogation. While the Fifth Amendment protects against self-incrimination, guidelines had to be established to prohibit office rs from becoming overbearing, coercive or usingRead MoreCustodial Interrogation828 Words   |  3 PagesThe statement made by the suspect regarding Youre having a bad day ¦ man, I cant believe they found my strap (firearm) is completely inadmissible. The reason is founded in basic criminal law: the suspect had not yet been read his Miranda rights. Although statements made by a suspect who was not given the Miranda warning or received it improperly cannot be used against him in a court of law (Siegel, 2009). The Miranda warning serves to inform a suspect of their rights to remain silent, what happensRead MoreThe Rights Of The Miranda Rights1307 Words   |  6 PagesOn March 13 1963, Ernesto Miranda was arrested on charges of rape and kidnapping of an 18 year old girl. He was interrogated but was never aware that the details of his interrogation would later be used against him in his court trial. Miranda stated that he was never spoken to concerning his right to silence and counci l as well as the confession being used against him in his trial. He would end up being sentenced to prison, however in June 1965, his attorneys would send the case to the Supreme CourtRead MoreEssay on SHOCK INCARCERATION1734 Words   |  7 Pagesnbsp;nbsp;nbsp;nbsp;nbsp;Miranda Warnings nbsp;nbsp;nbsp;nbsp;nbsp;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 formalRead MoreThe And Line Ups : Miranda V. Arizona1073 Words   |  5 PagesInterrogations and Line-Ups Miranda v. Arizona (1966) Overview: Interrogations and lineups have been a controversial issue dating back to the ancient Greeks. In Rome they would use torture to get the truth from slaves about serious crimes. The use of this practice was carried into medieval continental Europe, where serious crimes were tried in inquisitorial trials. During this time, continental judges required â€Å"full proof† in order for a suspect to be persecuted of a crime. As time progressed, practices