The Miranda Rights

Paper Summary:

This paper explains that, in "Miranda v. Arizona" (1966), laid down by the Warren Supreme Court, to secure a criminal suspect's Fifth Amendment protection against self-incrimination, the police must advise suspects in custody, before any questioning takes place, of their right to remain silent. The paper also relates the advantages and disadvantages of the Miranda Rights in the areas of custody, mandated warnings, interrogation rights and admissibility of evidence. The paper concludes that the 'Miranda Decision' clearly accomplished its goal by creating a Fifth Amendment right to counsel that is distinct from but closely related to the Sixth Amendment right to counsel.

Table of Contents:
Introduction
Overview of the Miranda Decision
The Pros and Cons of the Miranda Rights
Custody
Mandated Warnings
Interrogation Rights
Exceptions and Limitations
Conclusion

From the Paper:

"Thus, the rights of the suspect to appointed counsel, the right to silence and the right to non--incrimination are obviously in favor of the suspect. Generally speaking, a suspect does not understand nor is he/she familiar with the methodology involved in an
attorney's actions in court, but with the presence of an attorney, a suspect will be warned what not to say to the police.
"When a suspect remains silent during interrogations, it can be an indication of guilt which further protects the criminal."

Sample of Sources Used:

• Ashworth, Andrew. (1999). Principles of Criminal Law. New York: OxfordUniversity Press.
• Day, Frank D. (1964). Criminal Law and Society. Springfield, IL: Charles C. Thomas.
• Dix, George e. (1973). Criminal Law: Cases and Materials. New York: West Publications.
• Gay, Peter B. and Richard H. Prunier. (1967). The Policeman and the Accused: Search and Seizure and Rights of the Accused. MA: Cambridge University Press.
• Gold, Susan D. (1995). Miranda v. Arizona: Suspect's Rights. New York: Henry Holt & Company.

More papers on The Miranda Rights:

• Case Study # 122991 : "Miranda Rights - Case Brief"
• Research Paper # 109460 : "Miranda Rights"
• Essay # 53122 : "Miranda Rights"

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