Essay on Miranda Rights

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Miranda Rights

The Miranda rights all started in 1963. Ernest Miranda was taken into custody by Phoenix police as a suspect for the kidnapping and rape of a girl. The Phoenix police department questioned Ernest for two vigorous hours. Miranda finally confessed orally to the crime, and then wrote out a statement admitting to the crime and describing what he had done. Miranda's trial came to date; the crime was admitted despite his lawyer's advice and he was convicted and sentenced. Three years later Miranda's appeal reached the U.S. Supreme Court. The court had made its decision to make procedural requirements that the law enforcement must follow, which overturned Miranda's conviction. Miranda v. Arizona caused a
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The offender must understand and waive his Miranda rights, which are: you have the right to remain silent, anything you say can be used against you in the court of law, you have the right to talk to a lawyer and have him present while you are being questioned, if you cannot afford to hire a lawyer, one will be appointed to represent you before you answer any questions. The suspect must waive his right to be questioned. If the suspect does not waive his right the questioning must stop and a lawyer must be arranged. If the police are to ask the suspect to reconsider, his Miranda rights are being violated. After Miranda was handed down, researchers immediately looked at the possible effect of the new rights. The negative results that the studies had shown had come true. Confession rates dropped from forty-nine percent to fourteen percent after Miranda. With the lowered rate of confessions, the possibilities for clearance rate were estimated to drop dramatically. Surprisingly the clearance rate stayed somewhat stable. Researchers down the line have been studying possible changes to Miranda to make it more effective. Some possible examples studies were: Videotaped interrogations as a substitute, bring an arrested subject before a magistrate for questioning, or possibly abolishing the Miranda rights and return to the "voluntaries" system. Miranda has caused many court

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