Why Is It Important To Have Miranda Rights

Miranda rights are part of a routine police procedure in the United States that ensures that suspects in police custody are informed of their rights before questioning. This was a landmark decision of the United States Supreme Court after, Miranda, a suspect of rape and kidnapping was sentenced to 20-30 years imprisonment without being informed of his constitutional rights before interrogation. The court ruled that statements made in response to interrogations by a defendant in a police custody will be admissible at trial if only the prosecution can show that the defendant was informed of the right to consult an attorney and the right against self-incrimination.

Whenever a crime takes place, the police arrive at the scene and must tell the one they arrested the Miranda rights. In world book online: Stanley L. Kutler, Ph.D notes, “Miranda V. Arizona was a case in which the supreme court in the United States limited the power of police to question suspects.” Miranda was a criminal who kidnapped and raped several women. He was not able to understand English very well, for Spanish was his language. When he was arrested, he was interrogated for about two hours. He was not given his rights in Spanish, therefore he did understand what they had told him. This means he was not given his right to an attorney or to remain silent. He then confessed orally and in written form. He then took it to the supreme court.

In the case Miranda v Arizona in 1966, the United States Supreme Court determined, suspects of criminal activities have the right to be free from self-incrimination during an interrogation by law enforcement (Hall, 2015). These findings provided guidelines to law enforcement personnel when questioning individuals suspected of criminal actions since referred to as Miranda warnings. The Miranda warnings are rights given to a suspect before questioning begins advising them of their right to remain silent, their right to speak with an attorney, moreover, acknowledgment of their statements possibly being used against them in court. Additionally, the Miranda rights inform individuals an opportunity to have an attorney present even if they cannot afford one on their own. The State will provide an attorney at no cost to indigent individuals.

((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).)

This decision led to the creation of the Miranda Rule. This rule says that before law enforcement can take an individual into custody, they have to inform them of their 5th and 6th amendment rights. Police now are required to issue this warning: “You have the right to remain silent. Anything you say can or will be used against you in a court of law. You have the right to consult with your attorney before being questioned by the police, and to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed to you before questioning….” If the Miranda warning is not read to the individual being arrested (or any time before being investigated), the evidence acquired during their interrogation is not admissible in court. (384 U.S. 436, 1966.) This case plays such a huge part in the criminal justice system today because people that are unaware of their rights as citizens can be protected. The decision in Miranda V. Arizona is constantly used as precedent today. Two cases that Miranda v Arizona has had precedent over are Missouri V. Seibert and Maryland V. Shatzer.

The United States of America prides itself on being a nation in which the people’s rights are put first and foremost. We can speak how we like and do almost anything we want, which are luxuries that people in many other countries are not given. Our Miranda Rights are an example of a guarantee that the American people are given that, at first, was not widespread throughout the world. It was Miranda vs. Arizona that established this vital warning that would enforce the constitutional rights of not only criminals, but of all citizens, and ensure that no American would be incriminated against without knowing their rights.

I think that the Miranda rights ensure justice and preserve our liberty. With out the Miranda rights read to us how would we know what kind of rights we have. The whole point of the Miranda rights are so that the civilian will understand his rights, and to ensure justice and preserve his liberty. Police officers are required to say the Miranda rights to protect the individual who is in custody and in questioning. It tell the individual about violation of his Fifth Amendment right against compelled self incrimination.

Now, if a person is not warned of their Miranda rights, then any information which was obtained through interrogation will be inadmissible at trial. The “Miranda warning is in place to allow an accused to consult with an attorney before a custodial interrogation, even though they may not be formally arrested” (“The Difference between”, n.d.). The term in custody does not mean they are in custody for Miranda

The Miranda rights are the rights a police offer is required to say to someone when the officer arrests that person. It is the warning that officers of the law give suspects so they know about their rights before they are interrogated. It was a law made after the conclusions of the Miranda vs. Arizona case. The case was very close as it was a 5-4 decision. The court ruled that any type of evidence, whether it is incriminating or proof of innocence, can be used as evidence in a case; however it can only be used if the police let the suspect know that they have the right to an attorney before and during questioning and also that the suspect can be silent to avoid self-incrimination before an interrogation. It is now a staple when police arrests are made. In this paper, I will explain why I believe that the Miranda Rights are not necessary anymore.

With the warning also being so common in the media, the actual meaning and representation of the warning is mostly lost to many suspects not fully understanding what its full meaning is. They may not be of sound mind or they may even be too emotional to grasp its meaning that it is their rights to use and exercise. Whatever be the case, the individual’s emotional and mental state plays a huge part in how they comprehend what is going on. In most cases, the reading of the warning is crucial to how the suspect interprets it. If the officer states it angrily, the suspect may be too intimidated to understand that they have been told their rights rather than if the officer were to state it calmly and in a mild tone. Most individuals also come from a background where they do not possess enough familiarity with the law or the Constitution to be able to exercise these rights (Galatzer-Levy & Galatzer-Levy, 2012). Shortly after the Miranda decision came into being, its value questioned as to whether it would be of use to everyday law enforcement. Chief Justice Earl Warren stated that in his opinion concerning the Miranda case, "cases before us raise questions which go to the roots of our concepts of American criminal jurisprudence: the restraints society must observe consistent with the Federal Constitution in prosecuting individuals for crime." The court’s ruling that all interrogations involve the “application of state power” has had the effect that some police officers will go to drastic measures to obtain the confession that they so desire (Zalman & Smith, 2007). The suspect may also decide to waive their rights. Since there is not a standard rule in place regarding the waiver, some states have decided that the best way they can handle it would be to have the suspect sign a waiver form

As a result of the Miranda case the police must give warnings to all suspects when they have to answer questions related to a criminal case. The Miranda warnings are based on the Fifth Amendment right to be protected from self-incrimination and the Sixth Amendment that gives all suspects the right to have an attorney. The Miranda Warnings consist of telling suspects that they have the right to remain silent, that anything they say can be used against them in a court of law, that they have the right to have an attorney present before and during questioning, and if they can’t afford an attorney one will be provided for them.

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

The Supreme Court ruled a few decades ago that people had to be made aware of their rights. At the time, many individuals under arrest submitted to interrogations without a lawyer because they were unaware of their legal rights. Now, a Miranda warning is required

“Movie and TV shows often depict crime with a police officer handcuffing a suspect and warning him that he has the right to remain silent. While those warnings may appear clear-cut, almost 1 million criminal cases may be compromised each year in the United States at the 119th Annual Convention of the American Psychological Association.”(Rogers, 2011) The Miranda warning, also known as the Miranda rights, is important and in place to inform people of their rights upon arrest. Everyone should have knowledge and a decent understanding of their rights.

Everyone has heard the term Miranda Rights, whether that be when taking a law class, during the course of a television show, or perhaps through personal experience with their use, but what do these two words really mean, where did they come from and how to they apply to an individual's everyday life? The answers to this question are neither simple nor fully answered today, as challenges to Miranda Rights appear in courtrooms routinely. However, the basis for Miranda Rights can be traced back to a landmark case handed down from the Supreme Court of the United States in 1965 entitled Miranda v. Arizona. Ernesto Miranda was an immigrant from Mexico living in the Phoenix, Arizona area in 1963 when he was accused of