Miranda Rights In this article I will discuss Miranda rights. What they mean to you, what they entitle you to, and how they have been used in law enforcement today. I am discussing this topic because, one it is useful to me as a police officer, two it can be very difficult to understand, and three if it is not read to you correctly when you are under arrest it could actually cause you to escape. I will begin by discussing the history and some details of the Miranda case. Miranda was born in 1966, when a 23-year-old boy, named Miranda, was arrested and transported from his home to the police station for questioning in connection with a kidnapping and rape case. Miranda was quite poor and ignorant. At the station the police interrogated him for two hours. After two hours of interrogation the police obtained a written confession which in turn was used in court against him. Miranda was undoubtedly found guilty. Miranda v. Arizona went all the way to the Supreme Court. The Supreme Court has ruled that the police have a responsibility to inform the subject of an interrogation of his constitutional rights. Constitutional rights have to do with self-incrimination and the right to counsel before, during and after interrogation. What does this mean for you? Well, if you are ever arrested on suspicion of a crime, the police are legally obligated to inform you of your Miranda rights. If they don't and start asking you questions and interrogating you, then anything you say cannot be used against you in court and you could get the charges dropped. The police should not question you at all unless you have been read your Miranda rights and then waive those rights. You may waive your rights by verbally notifying the officer that you are waiving your rights or by signing a waiver of rights form. The current Miranda warning is very short and covers all of the person's rights. The actual Miranda warning is as follows:1. You have the right to remain silent.2. Anything you say can and will be used against you in a court of law.3. You have the right to a lawyer and to have him present with you while you are being interrogated.4. If you cannot afford to hire an attorney, one will be appointed if you wish to represent you prior to any questioning.5. You can decide that… in the middle of a document… the documentation they provided is admissible in court. A defendant who speaks any language has the constitutionally granted right to assert their rights, and making sure they understand them is a very important point in investigations. Understand this though; the last section of the Miranda rights is not a formal part. An interrogator is not required to read this portion, but it is highly guarded to preserve the substance of the case. The way law enforcement has been able to investigate cases has drastically changed over the years. Investigations were a very curious and vengeful affair. Now it's very delicate. After the Miranda case, law enforcement was very open and aware of the rights of the accused. I hope with this article I have made people more aware of exactly what Miranda rights are. It is crucial to understand them in case you are involved in an interrogation in your life. You have the rights guaranteed to you by the Constitution and it is important that you exercise them. Works Cited: Lyman, D. Michael; Criminal investigation, art and science; 3rd edition, 2002 Prentice Hall. Page. 188-200.
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