Investigation Of The Criminal Justice Process

2. For defense attorneys a “successful” case often means a reduction in sentence via a plea bargain, not

A person in custody shouldn’t be given their Miranda warnings before being asked consent to search because the arresting officer(s) aren’t supposed to expect the defendant to know these rights. Moreover, they have not begun the interrogation which is one of the requirements for reading of the Miranda warnings. The defendant is not free to go when under custodial interrogation, but is when obtaining a consent to search which is why there are no elaborate

Along with the order in which the police investigate, interrogate and read suspects their rights, officers must be sure that the suspect understands his or her rights. If a suspect lacks fluent use of the English language, an interpreter in the native language is appropriate. Two questions follow the four statement Miranda Rights, these questions are:

In a criminal investigation, there is the need to break down two things. Firstly, the investigation itself and secondly the investigator involved. It is of utmost importance that the criminal investigation is done accurately, failure to do so will have negative consequences on the society. Investigation involves the collection of facts, scenarios and situations which are directly or indirectly related with the case. Whereas investigator is the person who should observe, question, analyze and scrutinize the available details. Careful evaluation then helps to achieve the much needed evidence. Criminal investigation is one of the most essential functions of the Law Enforcement agencies, as it is their prime responsibility to maintain a secure environment and

The second relevant point to make in support of the claim that accused people should be read their Miranda Rights is that these rights help avoid self-incrimination. For example, if these rights are not given, any statements made by the accused during interrogation may be turned against him or her while on trial. Additionally, if these rights are not given, the suspect may be pressured into a confession. In short, to maintain a fair and balanced legal system, people accused of a crime should be advised of their

The Criminal Justice process involves the gathering of evidence by the proper authorities, witness testimonies, expert testimonies, psychological examinations, forensics reports,

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

Miranda rights were created to help inform people of their constitutional rights when arrested. The officer during the arrest should read these rights to the person to prevent a faulty case. Knowing the rights of the constitution are important if someone ever encounters trouble with the law. The Miranda rights are as followed,

Every time someone is arrested the police officer reads them their right, which was not always the case. They read as followed "you have the right to remain silent anything you say can and will be used against you in the court of law. You have the right to an attorney, if you can't afford one, one will be provided to you." But why do the officers have to remind the people of their rights, because of the Miranda v. Arizona case.

These Miranda rights are certain liberties that all citizens are subject to exhibit. They must be stated prior to being arrested by the police to ensure that all “criminals” are informed of their basic rights. This right goes hand in hand with the fifth amendment, which is the right against self-incrimination. The basics covered within the Miranda rights are that you have the right to remain silent. Another thing covered in Miranda rights is that anything you say during arrest can be used against you in court and you have the

Miranda rights. If you are arrested, the officer must read you your Miranda rights. These are the rights you hear given on television: you have the right to be silent, you have the right to an attorney, and so forth. If your Miranda rights are not read, the information you provide after arrest may be found

“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.

The Miranda rights are not explicitly stated in the constitution, however the constitution does guarantee against self-incrimination by the 5th amendment and the right to council by the 6th amendment. Law enforcement officials are run by the department of justice, they are responsible for reading these rights to all people they arrest and in my opinion I feel that the officials do a good job of ensuring that all people they detain are read their Miranda rights.

The law enforcement official must obtain verbal or written verification that the criminal suspect understands his right to maintain silence. The law enforcement official must then say “Anything you do or say can and will be used against you in a court of law”. Again, the official must obtain verbal or written verification that the criminal suspects understands what is being said to them. The next statement is “You have the right to an attorney before speaking or have an attorney present during any questioning now or in the future. Again, verification of understanding must be established. That statement is then followed by “If you can’t afford an attorney one will be appointed for you before any questioning if you choose. The next Miranda right states that “ If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. The last Miranda right specifically asks “Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?” Again after each and every statement given by the law enforcement official verbal or written verification that the suspect understands must be obtained.

When you are arrested, if you aren’t given you Miranda Rights, then questioning after an arrest, can be inadmissible at trial (“Advisement of Rights”, np). That is part of what Due Process is. Due Process is the right that you have to be given all of your rights and the court has to execute all of your rights before you can be punished. Another right is no cruel or unusual