Why Are Miranda Rights Important

Miranda Warnings reaffirmed the rights afforded by the Fifth and Sixth Amendments: all U.S. citizens have the right to remain silent so as not to incriminate themselves, as well as the right to due process in a court of law before a jury of their peers.

((2015). 14th Amendment) Miranda v. Arizona case Ernesto Miranda was not given equal rights throughout his arrest. From the right to remain silent, self-incrimination, and to right to attorney these are the basic step to obtaining a proper way to arrest. This is lead to the Miranda Right’s “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. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?” (What Are Your…Rights? (2015).)

The Supreme Court case Miranda v. Arizona in 1966 affected the rights of the accused and the responsibilities of law enforcement. Miranda v. Arizona is known as the “right to remain silent” case. “I must tell you first you have the right to remain silent. If you choose not to remain silent, anything you say or write can and will be used as evidence against you in court. You have the right to consult a lawyer before any questioning, and you have the right to have the lawyer present with you during any questioning. You not only have the right to consult with a lawyer before any questioning, but if you lack the financial ability to retain a lawyer, a lawyer will be appointed to represent you before any questioning, and to be present with you

the right to know the charges - nobody can just arrest you without first telling you the charges against you. The only exception to this rule is when the crime is obvious or when the circumstances are such that it is not possible to inform you of the formal charges.

In 1966, a tremendous verdict from the United States Supreme Court, regarding the case of Miranda v. Arizona, opened to the world and thus would change the way in which police interrogation would forever be delivered. This verdict would ensure that every officer of the law would be required to inform all suspects of their rights as written in the US Constitution and make sure that those individuals understand those rights. The Miranda warning has become the cornerstone of not only judicial proceedings, but also a huge part of pop culture. Through repeated television and the media use, almost anyone can recite the Miranda warning verbatim and then be able to explain some degree of meaning to each part.

The law enforcement official must obtain verbal or written verification that the criminal suspect understands his right to maintain silence. The law enforcement official must then say “Anything you do or say can and will be used against you in a court of law”. Again, the official must obtain verbal or written verification that the criminal suspects understands what is being said to them. The next statement is “You have the right to an attorney before speaking or have an attorney present during any questioning now or in the future. Again, verification of understanding must be established. That statement is then followed by “If you can’t afford an attorney one will be appointed for you before any questioning if you choose. The next Miranda right states that “ If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. The last Miranda right specifically asks “Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?” Again after each and every statement given by the law enforcement official verbal or written verification that the suspect understands must be obtained.

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 speak to an attorney, and to have an attorney present during police questioning, if you cannot afford an attorney, one will be appointed to you by the state. These words have preceded every arrest since Miranda v. Arizona 1966, informing every detained person of his rights before any type of formal police questioning begins. This issue has been a hot topic for decades causing arguments over whether or not the Miranda Warnings should or should not continue to be part of police practices, and judicial procedures. In this paper, the author intends to explore many aspects of the Miranda

Miranda right one of the best-known cases in the Supreme Court. Everyone has heard about the Miranda rights and how important they are to ensure the fundamental rights of American’s. The Miranda rights are a fundamental part of American society. They appear In many books, television shows, and movies.

The Miranda Rights, also known as the Miranda Warning, were derived from the 5th and 6th amendments in which they guarantee all people who are taken into arrest the right to trial, council, and to be appointed a lawyer. Although not explicitly expressed in the constitution, the Miranda rights provide the necessary precautions for self-incrimination and proper trial by providing those who have been arrested or incarcerated a brief description of the rights the individual is guaranteed to. It also provides the means for lawfully gathering information such as confessions and testimony from criminals for use in a court and trial. Often individuals who are taken into custody are not fully aware of one’s rights, especially the right to maintain silent, and this in turn can lead to information being given that may lead to the accused to be unlawfully tried and placed in jail for long periods of time.

In correspondence, not knowing these and employing them can lead to deterioration of the rights, and possible cavernous legal trouble that could have been avoided completely. If ever in a situation with the police, watch what you say, it can be used against you and give probable cause for an arrest. Know that you’re not legally obligated to answer any questions given by police officers. However, if stopped in a motor vehicle and asked to provide license and registration, you must. But, if on the street and the officer has no probable cause, it is your constitutional right to refuse. The officer may try to persuade you into believing otherwise and intimidate you, but do not fall victim to this. Plead the fifth and ask if you’re being detained.

Along with the order in which the police investigate, interrogate and read suspects their rights, officers must be sure that the suspect understands his or her rights. If a suspect lacks fluent use of the English language, an interpreter in the native language is appropriate. Two questions follow the four statement Miranda Rights, these questions are:

The Miranda rights are not explicitly stated in the constitution, however the constitution does guarantee against self-incrimination by the 5th amendment and the right to council by the 6th amendment. Law enforcement officials are run by the department of justice, they are responsible for reading these rights to all people they arrest and in my opinion I feel that the officials do a good job of ensuring that all people they detain are read their Miranda rights.

Even if you are taken in for questioning, everyone has a right to silence and doesn’t have to speak if they don’t want to.

The United States Constitution protects for suspects right against compelled self-incrimination during a police interrogation, regardless of whether they are charged with a federal or state crime. In other words, he or she cannot be enforced to confess to an offense or any part of an offense. Also, the state constitution may protect suspects, but regardless of what protections the state constitution provides, the police must, at least, satisfy the relevant federal tests. Therefore, before they are interrogated, the police must always give them their “Miranda warnings.”

When you are arrested, if you aren’t given you Miranda Rights, then questioning after an arrest, can be inadmissible at trial (“Advisement of Rights”, np). That is part of what Due Process is. Due Process is the right that you have to be given all of your rights and the court has to execute all of your rights before you can be punished. Another right is no cruel or unusual