Custody And Interrogation Of The Miranda Rights - 1399 Words

Unit 7 DB 1 Custody and interrogation contextual of our Miranda Rights Introduction Do you ever wonder about your Miranda Rights if you are ever questioned by an officer? Do you wonder if you will self-incrimination yourselves if you answer an officers questions in the wrong way? These are valid questions, and within this paper this learner hopes to answers them by describing custody and interrogation in the background of the Fifth Amendment, explain a circumstance where Miranda might be compulsory or a circumstance where the Miranda caveats would not be relevant. The Fifth Amendment rights, interrogation in invoked and how the Edward Rule is sometimes is considered in cases The Fifth Amendment defense that was espoused by the Supreme Court case Miranda v. Arizona, which gave birth to two basic measures that would protect an individual’s Fifth Amendment rights and they were: they have the right to remain silent and the right to have counsel provided if they cannot afford one. The court also set in place another protection for citizens which were â€Å"privilege against compelled self-incrimination by requiring LEOs to provide certain warnings and obtain a waiver from a defendant prior to custodial interrogation† (Myers, 2010, para. 2). Thereby, if a person invokes their Fifth Amendment right to counsel, then all interrogation must stop, unless their counsel is present. According to Myers (2010, para. 3) the second layer of protection, which is often referred to as the EdwardsShow MoreRelatedHow Interrogation Worked Before Many Important Cases1575 Words   |  7 Pagesâ€Å"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.† These are the words every juvenile hears as they are being taken into custody. Many juveniles do not understand or misinterpret the Miranda warning they are given. Juvenile are treated with a lesser degree of harshness from wording to punishment when dealing with law enforcement in comparison toRead MoreCourt Case : Miranda V. Arizona941 Words   |  4 PagesCourt Case: Miranda v. Arizona ---------------------------------------------------------------------------------------------------------------------------- Introduction: In the case Miranda vs. Arizona. This case goes against the 5th and 6th amendments. Miranda says that the police had violated his 5th Amendment right to remain silent and his 6th Amendment right to legal counsel. Miranda addressed the Escobedo rule which states evidence obtained from an illegally obtained confession is inadmissibleRead MoreThe Court ruled in the case of Miranda v. Arizona that interrogations are in inherently stressful700 Words   |  3 Pagesof Miranda v. Arizona that interrogations are in inherently stressful and pressure the defendant to cooperate based on a lack of knowledge regarding their specific rights during questioning. Because of this finding they concluded officers have a duty to advise the defendant of their rights through the Miranda warning. The requirement is only required when the suspect is in custody and subject to interrogation [7].† The Court focused on the two conditions triggering the need for the Miranda warningRead MoreThe Law Enfo rcement Interrogation Procedures1655 Words   |  7 PagesIn 1966, a milestone in Law Enforcement interrogation procedures was established through the case of Miranda vs Arizona. In the case of Orozco vs Texas, just a couple years later in 1969, the guidelines established by Miranda vs Arizona changed the ruling of Reyes Arias Orozco who self-incriminated himself without being read his Fifth Amendment rights while being interrogated in his home. Orozco vs Texas effected interrogation procedures due to Orozco being interrogated inappropriately in his ownRead MoreThe On The American Criminal Jurisprudence1673 Words   |  7 Pages1. BACKGROUND The background of the case rotates in depth on issues pertinent to the rights to be granted an attorney and self-incrimination as enshrined in the 5th amendment under the United States constitution. The 5th amendment privilege in text provides that, no suspect will be compelled to answer for any capital or infamous crime, unless directed or indicated by the relevant Grand Jury. The only exception being granted to ceases in land and naval spaces that fall under the militia sphere ofRead MoreThe Rights Of The Supreme Court1290 Words   |  6 PagesYou have the right to remain silent. Anything you say can and will be held against you in a court of law...† These famous words, so often heard in movies and television shows as a character is arrested, are well known to Americans. But why are law enforcement officials mandated to repeat this to individuals they arrest? Where did it come from? In Miranda V. Arizona, a case taken all the way to the Supreme Court in 1966, it was decided that constitutional rights must be made clear to the defendantRead MoreCustodial Interrogation828 Words   |  3 PagesCustodial Interrogation 1. The statement made by the suspect regarding Youre having a bad day ¦ man, I cant believe they found my strap (firearm) is completely inadmissible. The reason is founded in basic criminal law: the suspect had not yet been read his Miranda rights. Although statements made by a suspect who was not given the Miranda warning or received it improperly cannot be used against him in a court of law (Siegel, 2009). The Miranda warning serves to inform a suspect of their rightsRead MoreEssay on Law Enforcement Must Read Your Miranda Rights700 Words   |  3 PagesMiranda Rights defined as: Miranda rights, is a warning giving by the police in the United States to criminal suspects in police custody before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings. Also Miranda rights are utilized by the law enforcement to make you aware of your rights as a US citizen. Many people think just because the law enforcement doesn’t read you your rights they think they are off the hook â€Å"WRONG† that doesn’tRead More Suspects Need Their Miranda Rights Essay1746 Words   |  7 Pagessource of the prosecutor’s evidence. When a suspect is brought into police custody to obtain a confession or a statement, police officers are required to read the Miranda warning if they believe the confession will be used to convict the suspect. The constitutional basis for the Miranda warning and the conditions for a voluntary waiver of the Miranda rights were announced by the U.S. Supreme Court in Miranda v. Arizona. Miranda v. Arizona, announced June, 13 1966, resolved four separate criminal appealsRead MoreEssay on The Miranda Decision1524 Words   |  7 PagesThe Miranda Decision In 1966, the U. S. Supreme Court handed down its landmark decision in Miranda v. Arizona. The Miranda decision was a departure from the established law in the area of police interrogation. Prior to Miranda, a confession would be suppressed only if a court determined it resulted from some actual coercion, threat, or promise. The Miranda decision was intended to protect suspects of their 5th Amendment right of no self-incrimination. The verdict of Miranda v. Arizona