This paper applies the consequences of the "Miranda v. Arizona" case to an instance where a suspect was taken into custody.
Written in 2009; 717 words; 4 sources; MLA; $ 25.95
Paper Summary:
The paper examines a case where a suspect made incriminating statements at different times throughout the evening of his arrest. The paper analyzes each instance separately to determine whether "Miranda" warnings were required. The paper explains that if the suspect was "in custody" at the officer's first question, then the suspect's answer should not be admissible in court. The paper highlights the exceptions to this rule in that the suspect waived his rights, the suspect was not considered to be "in custody," or the officer can prove the public safety exception from the "New York v. Quarles" case.
From the Paper:
"Before the landmark case, Miranda v. Arizona 384 U.S. 436 (1966), suspects taken into custody by law enforcement were not entitled to be made aware of their rights to remain silent, under the Fifth Amendment, and their right to an attorney, as per the Sixth Amendment. The U.S. Supreme Court in the Miranda case decided that officers should be required to warn of these rights upon taking a suspect into custody.
"In order to enforce this decision, the consequences for refraining from reading a suspect their Miranda rights can include the exclusion, from the subsequent court proceedings, of any incriminating statements/gestures made by said suspect. The present case exemplifies a situation where a suspect made incriminating statements at different times throughout the evening of his arrest. Each instance must be analyzed separately to determine whether Miranda warnings were required."
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