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The paper relates that Miranda represents the legal obligation of police to inform the suspect/arrestee of his rights, including the right to remain silent, the right to an attorney and the right to stop an interview with police at any moment. The paper discusses a rarely used legal clause that actually gives the court the discretion to decide if verbal admissions may be used without Miranda, and explains how the Miranda laws were ultimately re-affirmed, making reading a suspect his rights required by law in all cases. The paper relates that the only exception for using incriminating statements as evidence in court is when the suspect incriminates himself verbally before police have the opportunity to read them their rights, or when the suspect is not actually in custody.
From the Paper:"Miranda represents not the creation of the arrested suspect's rights, but the creation of the legal obligation of police to inform the suspect/arrestee of those rights thereof. The original law was created out of fear by the framers that the government could take away the rights of individuals and do anything they wanted to the citizens once they were accused of a crime, thus depriving them of due process, legal representation, and a fair trial among other things. Thus, in order to protect the rights of the accused, the Constitution and Bill of Rights gives provides a set of laws that define the process of convicting a suspect, including the most widely known right to remain silent, which begins the Miranda warning but is not the only protection entitled, as the right to an attorney and the right to stop an interview with police at any moment are other rights required by police to read to suspects."
Sample of Sources Used:
- DICKERSON v. UNITED STATES (99-5525). SUPREME COURT OF THE UNITED STATES. June 26, 2000: http://lilt.ilstu.edu/teeimer/Court%20Cases/Dickerson.htm
- "The Miranda Warning." 2008: http://www.usconstitution.net/miranda.html
- "Police Questioning: When Miranda Warnings Are Required." 2008: http://www.nolo.com/article.cfm/objectID/8B6A7AA5-700E-4A9B-9CF45606F6E4A635/104/143/268/ART/
- "Supreme Court reaffirms that police must read Miranda rights to criminal suspects." 2000: http://archives.cnn.com/2000/LAW/06/26/miranda.01/#2
Cite this Term Paper:
Miranda Rights (2009, December 15) Retrieved September 27, 2023, from https://www.academon.com/term-paper/miranda-rights-117691/
"Miranda Rights" 15 December 2009. Web. 27 September. 2023. <https://www.academon.com/term-paper/miranda-rights-117691/>