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Persuasive Essay On Miranda Rights

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Every Wednesday night, you can see Detective Olivia Benson on a popular crime television show called Law and Order SVU. Pursuing and fending off criminals, Detective Benson kicks ass while taking names on a regular basis. Always remembering to read them their rights while under arrest:

"You have the right to remain silent. Everything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you."

Nonetheless, what does this phrase even mean? We all know our Miranda rights from watching any crime related movie or television show we see today. Generally, our right to remain silent means just that. In fact, an individual doesn’t have to speak to law enforcement and they can’t force you to speak in order to make an incriminating statement. Likewise, the right to counsel also means just that. In fact, an individual may request an attorney be present during interrogation …show more content…

With that in mind, television has been a great resource for learning how to evade arrest and clean up a crime scene. Likewise, a few things you need to know about the law in a nutshell. I too, use television as the foundation of my legal career.

So what are my Miranda rights... and do they need to be read while I’m under arrest? These are all great questions, just asking them will put you one step closer to understanding the law. Below, are the four most frequently asked questions and answers in knowing your Miranda rights!

What Triggers Miranda?
Generally, police provide Miranda warning when they place a person under arrest. Yet, are not required to provide such warnings unless an individual is in custody (reasonably feels unable to leave or is physically restrained) and subject to custodial interrogation (questioning designed to seek an incriminating

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After 1963, one would be able to have a lawyer at their side during questioning and be able to consult him/her. If the defendant was being pressured into a confession the lawyer would be able to step in. Today, when a suspect is arrested, they are read a Miranda warning, which typically follows these lines: “You have the right to remain silent. Anything you say can and will be used against you. You have the right to speak to an attorney and have an attorney present during any questioning.

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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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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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If you cannot afford an attorney, one will be appointed for you.” To begin with, the background and information on the case law that brought upon the Miranda rights to be read, stated, and understood by the officer to the detainee upon the apprehension of the individual. Miranda v. Arizona case law was decided in 1966 on the date of June the thirteenth. This was the established case law for other rulings to follow in holding accountability to any evidence or confession obtained without the suspect or offender being read and understanding his or her rights to the 5th amendment of “pleading

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Arizona that criminals must be informed of their rights before being prosecuted. Today, this ruling requires that police inform criminals of their right to remain silent, and that anything they say can be used against them in court. These rights, also known as Miranda rights include the criminal’s right to an attorney. If the police do not read a person’s Miranda rights when arresting a criminal, the court judging the case can discard any evidence that the criminal reveals while in police custody since he or she was not informed of their right to remain silent. While the Miranda decision was unpopular at the time, it was critical to ensuring that criminals were being persecuted for the appropriate crime on clear evidence and received the right to a fast and proper

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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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As indicated, persons taken into police custody and considered as suspects must be Mirandized. Additionally, those persons who have previously undergone interrogation and officers wish to re-engage must be Mirandized prior to each subsequent interrogation; this would include those who are charged with and interrogated/questioned with a different charge or different agency. Likewise, any person being officially detained or not free to leave would be issued Miranda warnings including those who may be questioned in places other than a police station. Usually, shot encounters with officers on the street or traffic stops do not elicit a Miranda warning.

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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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