Miranda Rights

Paper Summary:

In this article, the writer presents a discourse and analysis of the Miranda Rights, providing an analytical debate of both sides of the current legal issue in constitutional criminal justice. The researcher proposes that the efficacy of Miranda Rights are questionable largely because of how they are misused and how law enforcement agents "enforce" or fail to enforce them. Specifically, the paper reviews an issue the courts have recently decided involving the Miranda Rights, beginning with a factual analysis of the issue and synopsis of how it pertains to current criminal justice events. The writer also proclaims why this issue is worthy of consideration and provides the present status of the issue as well as both sides of the issue prior to offering any conclusions about the case at hand.

Outline:
Abstract
Introduction
Purpose/Review
Exploration of Utility of Miranda Rights in Modern Society
Opposition to Miranda Rights
Discourse of Efficacy and Controversy Related to Miranda Use
Implications of Miranda Rights
How Changes in Policy May or May Not Benefit Those Affected by the Miranda Rights
Discussion of How Proposal and Conclusions would Affect the CJS.
Conclusion

From the Paper:

"The Miranda Rights are a subject of controversy and interest in the criminal justice field. Within the United States, the Miranda Rights refer to a warning provide by law force agents when a suspect becomes apprehended under police custody for one situation or another. The Miranda Rights also involve the courts, as they are presented to witnesses when they are in court and asked questions regarding their recollection or involvement with a suspected criminal or suspected criminal activity. The Miranda Rights for many are part of the rights provided to citizens as part of the Constitution. The Miranda Rights clearly state the incarcerated individual or one in police custody cannot be harmed by any statements made that are incriminating if the law enforcement agent in question failed to delivery the Miranda rights. There are many cases brought before the courts involving suspects that proclaim their Miranda Rights have been violated. This research proposal will review many such cases to determine the efficacy of the Miranda Rights in modern day law enforcement."

Sample of Sources Used:

• Bram v. United States, (1946), 168 United States 532, No. 562.
• Clymer, S.D. (2002), Are police free to disregard Miranda? Yale Law Journal, 113(3): 268.
• Columbia Law Review, (1961 April), Post-indictment questioning in absence of counsel violates due process requirements, Columbia Law Review, 61(4): 744-48.
• Corey v. United States, 375 U.S. 169, (1963), Available http://caselaw.lp.findlaw.com
• Crooker v. California, 357 U.S. 433, (1958), Retrieved November 18, 2007: http://medicolegal.tripod.com/crooker.htm

More papers on Miranda Rights:

• Case Study # 122991 : "Miranda Rights - Case Brief"
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