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Miranda Rights Persuasive Speech

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HAVE YOU EVER BEEN ARRESTED BEFORE? It’s never something easy to go through. With the whole stopping everything you doing, and then taking time out of your day to go down to the station to be interrogated. Wait. I’m missing something there. Oh yeah your Miranda rights. These are rights given to you; the free people of the United States, declaring by the Fifth Amendment that while you are being detained by a police officer they have to read your rights to you which is… You have the right to remain silence. Anything you say can and will be used against you in the court of law. You have the right to an attorney and have the right to have one during interrogation. If you cannot afford one, one will be provided to you by the government expense. Then they will ask you do you understand these rights. Those are your Miranda rights, but let’s talk about how all three branches of government enforce and set these rights.
The Judicial branch enforces the Miranda right laws by when a person is convicted of a crime and has been arrested by a police officer, but hasn’t been read his rights most likely the charges will be dropped. One of the biggest cases on this was the …show more content…

For example the people who were being looked for during the time Boston Marathon bombing was not read their rights. There were three guys who were brothers convicted of the crime and two was killed. The other was going to kill himself until he was captured on a boat by police officers. The guy name was Tsarnaev and he was not read his rights, but President Barack Obama said that it was not unconstitutional if it has to do with the war on terror. There was a public safety exception to reading someone their Miranda Rights. The Miranda is still today made only optional depending on some cases and how bad the situation is, like when it relates to putting other people in

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Case Brief Case: Miranda v. Arizona (1966) Facts: The Miranda warning, which informs criminal suspects of their rights to remain silent and to an attorney while they are in police custody or being questioned in a detention facility, was created by the landmark Supreme Court case Miranda v. Arizona (1966). It was brought by Ernesto Miranda, who was detained under the charges of rape, kidnapping and robbery. He wasn't told of his right to an attorney or the right to remain silent before being questioned by the police, so Miranda admitted to the crimes while being interviewed. The confession was admitted into evidence during the trial, and Miranda was found guilty. Procedural History: After Miranda was convicted, he appealed to the Arizona Supreme Court who reaffirmed his rights had not been violated.

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They can be also called the Miranda warning but both were created after the trial. Nationwide, police departments began distributing index cards to their officers so that they could recite them to the suspects. The Miranda Warning reads, “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 an attorney.

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When he was arrest his rights were not read to him and he was not aware of why he was being arrested. He was taken to the police station and he signed a written confessions and he confessed orally. In his trial those confessions were used as evidence against him. However, the cops never informed him of his rights. The Supreme Court then overturned his conviction as there was a violation of his rights.

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The creation of the United States and the colonies that came before, brought about many legal traditions and precedents. Among these legal traditions and precedents, is an essential precedent present in all interrogation related proceedings and court ones—the Miranda warning. When an individual is detained, they may be subjected to an interrogation by designated officials. During an interrogation certain rights are guaranteed to an individual through the provision of the Bill of Rights to prevent self-incrimination and the historical precedent established before it. However, in certain situations, these rights were not always guaranteed as they should’ve been.

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 These apply in most criminal cases and can often form the basis of the defendant’s defense. Many of these can be found directly in the original text articles of the constitution.   Now just like the Miranda rights that police officers must say when making an arrest while in custody prisoners still have their rights too. Like this one, one rule states that; In many situations, criminal suspects may have false confidence that they can handle the matter on their own, without the assistance of an attorney.

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Arizona case argued whether or not “the Fifth Amendment’s protection against self-incrimination extend to the police interrogation of a suspect” (Oyez). Miranda, after two hours of interrogation, gave a written confession to the police saying that he was guilty. However, the police did confess that they had never informed Miranda of his Fifth Amendment rights, which included a right to an attorney, and because of this, the argument was made that the police had violated Miranda's Fifth Amendment rights. Warren, who was a part of the majority, in this case, decided in favor of Miranda, and that “the Fifth Amendment’s protection against self-incrimination is available in all settings. Therefore, prosecution may not use statements arising from a custodial interrogation of a suspect unless certain procedural safeguards were in place” (Oyez).

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The supreme court overturned the ruling saying that a defendant, “must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires ( Miranda v. Arizona SCOTUS 1).” The supreme court ruled this in order to protect suspects from being pressured by law enforcement to incriminate

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Your rights might not be protected as you think. Specifically, the 4th Amendment has been failing its promises to the country and its citizens. The 4th Amendment protects citizens from illegal searches, but is frequently violated by the police, FBI, CIA, etc. It’s hard to imagine law enforcers to break the law, but it is very possible and has ruined the lives of two people.

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When it comes to policing there is a huge struggle power struggle between individual rights and public order. You want to keep individual rights, but you also want to keep public order while keeping the public safe. It may seem hard to keep the balance between these two, but doing so is of utter importance. Here are some examples of why it can be hard to balance individual rights and public order when dealing with policing.

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The Miranda Rights were put in place to make sure any person who is placed under arrest, is informed of their rights. A suspect should only be read their rights when legally required, such as when an official arrest is made, or when the person being questioned is a juvenile. Exigent circumstances can grant an officer the ability to bypass reading of The Miranda Rights to a suspect. Page Break In 1966 the Miranda Rights were established to insure a person who is under arrest is aware of their rights, which is due to the United States Supreme Court case Miranda V. Arizona.

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The problem arose when the police officers said they had not advised Miranda of his right to an attorney. Miranda’s lawyer was concerned that his Sixth Amendment Right had been violated. This case was noticed by the ACLU and was taken to the Supreme Court. This case raised issues within the Supreme Court on the rights of Criminal Defendants.

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The book describes the Miranda Rights, which are the legal rights that a person under arrest must be informed before they are interrogated by police. If the arresting officer doesn’t inform an arrested person of his Miranda Rights, that person may walk free from any chargers. The book also talks about double jeopardy, double jeopardy is the right that prohibits a person from been tried twice for the same crime. In other words if a person is found innocent and sometime later new evidence surface that can incriminate him with the crime that he is “innocent” he cannot be charged for that same crime. The book also mentions self-incrimination, which is the right that no citizen will have to be a witness against himself.

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Civil liberties are rights guaranteed to citizens in the Constitution that the government cannot interfere with, however, in the name of national security, they do. The government sometimes finds it necessary for Americans to give up some of their basic rights to keep the nation protected, but many people find this unnecessary. A law-abiding citizen’s extremely personal information should not be essential to finding terroristic threats within this society. Under no circumstances should an American citizen’s civil liberties be violated in a time of war or crisis, because those are assured rights that are most valuable to their freedom during national conflicts.

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“Criminal law is a body of many laws emanating from many sources. Today, most American criminal law is a product of legislative enactment.” (Hall, 2015 p.34). Our criminal law is composed of statutes and ordinances. In order for a police officer to make an arrest the officer needs probable cause.

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The Miranda Rights are what give people all this freedom. They say that if people don 't want to talk to the police at all people don 't have to. It lets people know that anything people say will most likely be used against people as evidence. It says that people can be appointed a lawyer if people can 't afford one. Many people don 't get a fair trial in the United States because they don 't know their Miranda Rights.

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