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Miranda Rights
Written by Administrator
Friday, 15 August 2008 17:13

"You have the right to remain silent", a phrase heard by those who are being arrested, known as the Miranda rights.  The Miranda rights are read to people being taken into custody by legal officials, prior to or during an arrest.  It is a way to guarantee that persons who have been arrested and are questioned as a crime suspect have the right to speak to an attorney and they are not required to say anything until an attorney is present.  The Miranda rights quickly let suspects know that anything that comes out of their mouth during arrest, questioning, or detainment can be used against them as evidence in a court of law.  The Miranda rights also guarantee that if the suspect is unable to retain an attorney for financial reasons, the court will assign one to them at no charge.


The Miranda rights came into effect in 1966 by the US Supreme Court.  The case that brought about the birth of the Miranda rights was Miranda vs. Arizona, a case that involved a young man, Ernesto Miranda, accused of abducting and raping an 18-year-old woman.  Following the woman’s identification, Miranda was questioned for two hours, eventually signing a confession and admitting to the crime.  In his upcoming trials, it became evident that he had not been read his Miranda rights, and further court proceedings determined that his confession could not be used to convict him.  Although Ernesto Miranda won the proceedings on the matter of the Miranda rights, he was further convicted on additional evidence, and forced to serve eleven years in prison. 

 

The debate around the Miranda rights and what they should entail in regards to dealing with criminals and their rights.  The general consensus for the Miranda rights is that all persons being questioned for a crime at the time of arrest have the right to remain silent, speak to an attorney, and have an attorney provided for them if need be.  There are a variety of ways for police officials to read the Miranda rights, but they must include the key elements that make them up.

Last Updated ( Monday, 20 October 2008 16:10 )

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