Miranda v. Arizona is a landmark case where Ernesto Miranda was arrested for rape and kidnapping and was refused an attorney even after he requested one during custodial interrogation, but the U.S. Supreme Court ruled that Miranda's confession could not be used because Miranda was unaware of his Fifth Amendment right to refrain from making self incrimination and Sixth Amendment right to have legal counsel, nor were his rights made known to him by investigators, even after Miranda requested legal counsel (Bethel, 2015). According to Criminal Law and Procedure, Miranda protects the suspect more than anyone else in the equation as it allows the suspect to be aware of their right to remain silent and that legal counsel is available to them if they …show more content…
If the accused refuses to answer questions or waives their right to counsel, the police can only interrogate the accused with the accused's legal counsel present as a result of Minnick v. Mississippi (Hall, 2015).Several variables are to be considered when law enforcement is conducting a custodial interrogation such as the age of the suspect, the intelligence level of the suspect, how familiar are they with the criminal justice system, and the mental and physical capacity of the suspect in terms of the crime they are suspected of committing as well as their voluntariness to waive their rights (Bethel, 2015). These variables are crucial for the prosecution as it details the suspect's characteristics and sometimes their motives for the crime they committed, and sometimes give further details than the officer anticipated, but the burden of proof lies on the prosecution's shoulders to prove the suspect waived their rights (Bethel, 2015). There are some instances where the suspect will "lawyer up" and the evidence is overwhelming, and the prosecution can elaborate the suspect refused to cooperate and refuse to reduce certain charges or offer a lesser charge for the suspect. The same applies to a suspect giving details of other details that are a violation of Miranda and cannot be used against the suspect but can be used in conjunction with other cases that are being investigated