Miranda Rights Essay

1604 Words Mar 16th, 2008 7 Pages
Miranda Rights

Everyone has heard the term Miranda Rights, whether that be when taking a law class, during the course of a television show, or perhaps through personal experience with their use, but what do these two words really mean, where did they come from and how to they apply to an individual's everyday life? The answers to this question are neither simple nor fully answered today, as challenges to Miranda Rights appear in courtrooms routinely. However, the basis for Miranda Rights can be traced back to a landmark case handed down from the Supreme Court of the United States in 1965 entitled Miranda v. Arizona. Ernesto Miranda was an immigrant from Mexico living in the Phoenix, Arizona area in 1963 when he was accused of
…show more content…
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:
1. Do you understand each of these rights as I have explained them to you?
2. With these rights in mind, do you wish to talk to us now?
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. Miranda Rights are national rights afforded to all U.S. citizens as well as visitors and those of varying degrees of citizenship within the borders of the United States. In other countries many varying forms of Miranda Rights exist. In Germany, according to § 136 of the Strafprozessordnung (German Criminal Procedure) the law states that "At the commencement of the first examination, the accused shall be informed of the offense with which he is charged and of the applicable penal provisions. He shall be advised that the law grants him the
Open Document