Custody And Interrogation Of The Miranda Rights

1399 Words Feb 24th, 2016 6 Pages
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 “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 Edwards…

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