Miranda Rights And Constitutional Rights

For example, these rights protect a suspect from self-incrimination, as cited in the Fifth Amendment to the Constitution. As additional evidence, these rights also uphold one's right to receive due process with legal counsel, as cited by the Sixth Amendment to the Constitution. Consequently, to remain with in the guidelines of the Bill of Rights, Miranda Rights need to be read to all those accused of a crime.

It is desirable for a suspect to answer whether or not they understand these rights with a definite "No" or "Yes" answer. If a suspect is not read these rights or states that he does not know or understand them as they are explained to him, then any evidence, confessions, or information about the alleged crime will be "fruit of the poisonous tree" and may be inadmissible if the case goes to trial.

The Constitution is one of the most important document of the United States of America along with the Declaration of Independence. In the Constitution, the founding fathers and the government also included a set of "rights" entitled, The Bill of Rights. In The Bill of Rights, citizens of the U.S. are given rights, amendments, that make the U.S a "free" country today. This system has provided many citizens with rights such as, allowing them to express their religion and free speech and protect their privacy with no officials is allowed to search someone 's belongings unless there is a warrant that states reason. There are many more amendments besides the two listed and each of them are of equal importance to balance the power between the

Constitutional Amendments 4, 5, 6, part of 7, and 8 include our “Due Process” rights. Due process is defined as “a variety of procedural guarantees for those accused of crimes” The 4th amendment includes the right that protects people from unreasonable search and seizure and requires both probable cause and a warrant. It only allows the police to search for the person being arrested, things in view of that person, and things the person can reach that are in their immediate control. The 5th amendment protects against self-incrimination. People don’t have to answer any questions that might incriminate themselves and they can “plead the 5th” which means they are refusing to answer because it might incriminate them if they do. People have to be read their Miranda rights when they are being arrested and that lets them know they have the right to remain silent. The 6th amendment gives people the right to council and the right to trial by jury. So if you cannot afford an attorney you will receive a public defender to help with your case. You also have the right to a speedy and public trial by a jury of your peers. The 7th amendment protects you from being tried by a jury and then having the court overturn their decision. The 8th amendment protects against cruel and

With these rights it can prevent one from self incrimination if they are ever pulled over or arrested .There are other rights under the U.S. Constitution that can also benefit people under the law, sadly few people are aware of them.

((2015). 14th Amendment) Miranda v. Arizona case Ernesto Miranda was not given equal rights throughout his arrest. From the right to remain silent, self-incrimination, and to right to attorney these are the basic step to obtaining a proper way to arrest. This is lead to the Miranda Right’s “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 an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?” (What Are Your…Rights? (2015).)

In law enforcement there is a right called The Miranda Rights. This law is very important when it comes to people getting arrested. What this law is “You have the right to remain silent. Anything that you say can and will be used against you in the court of law. You have the right to an attorney. If you cannot afford an attorney one will be provided for you. Do you understand the rights that I have just read to you? With these rights in mind do you wish to speak?” These rights started when Ernesto Miranda was arrested and was not read his Miranda rights.

The Miranda warning was put in place to help suspects from self incriminating themselves from crimes they did not commit and also helping the police properly apprehend and obtain a criminal conviction with the proper procedure.

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” Miranda” rights that police are required to give persons they are about to arrest did not become law until March 2, 1966. It started when an eighteen year old women told the police she was abduct, taken to the desert and rape. The police arrested and questioned Ernesto Miranda. In 1966, the case of Miranda vs .Arizona went to the Supreme Court of the United States. The court ruled that police must advise you of your rights when they make an arrest. The Court said that when a person is arrested he/she must be told what their rights are: the right to remain silent, that anything you say can be used against you in a court of law and that you have right to an attorney. The court also said that if you cannot afford attorney, one will be appoint to you at the expense of the citizens of the United States. If police do not tell repeat the Miranda Rights to you anything that tell them cannot be used in court against you.

Why is this important to us citizens? It is important because it informs an individual that they do not need to answer any questions from the police if they do not want too. The Fifth Amendment state that is has a maximum number of rights to both convict and civil legal act. “Double jeopardy and self incrimination is where the Fifth Amendment guards and individual. The sixth amendment says that if an individual is taken to interrogation they have the right to speak to the police if they want

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.

In discussing the topic of Miranda rights there are two sides of this somewhat complicated topic. Many will not understand reasons why there would be a case where anyone shouldnt be read the Miranda rights. When in fact it is our legal right to be Mirandized if we are arrested.

The Judicial branch entered this argument in 1966, when the U.S Supreme Court decided the case of Miranda v. Arizona. The Court declared that whenever a person is taken into the custody of the police, before questioning that he or she must be told of his Fifth Amendment right. So as a result of Miranda, anyone that’s in the custody of police must be told four things before going into questioning: “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 an attorney, if you cannot afford an attorney, one will be appointed for you.”( FindLaw.com) When a police officer(s) questions the suspect in custody without giving them the Miranda Rights, all statements or confessions made are presumed to be involuntary, and cannot be used against the suspect(s) in any criminal case. If you believe that your Miranda rights have been violated, this can have a significant

Under Miranda, officers are required to give the defendants, their rights before initiating questioning. (People v. Cruz (2008) 44 Cal.4th 636.) Officers must advise the defendant that they have the right to remain silent, that anything that says can be used against them, that they have a right to an attorney and if he cannot afford one that one will be appointed. (Id.) Miranda makes it clear that a person must have knowingly and intelligently waived his rights to remain silent and to the presence and assistance of counsel. (Id.) Miranda warnings are in totality and the right to remain silent is the right against self-incrimination.(Miranda v. Arizona (1966) 384 U.S. 436.)