Shock Incarceration

1779 WordsJul 23, 20058 Pages
Miranda Warnings 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…show more content…
The defendants right against self-incrimination, is the essential mainstay of the United States adversary system and guarantees to the individual the "right to remain silent unless he chooses to speak in the unfettered exercise of his own will," during a period of custodial interrogation as well as in the courts or during the course of other official investigations (Miranda v. Arizona 1966). Today, for law enforcement officials, the Miranda warnings have been deeply absorbed into standard operating procedures. 38 years after Miranda v. Arizona was decided some have made attempts to overturn the decision, however, the majority of law enforcement officials feel that the decision should remain in effect. Miranda warnings have become extremely familiar to the majority of U.S. citizens over the past decades through movies and television. Miranda warnings have come to play a very unique and immensely important role in the nation' s conception of the U.S. criminal justice system. Miranda warnings promote public confidence that our criminal justice system is fair (Frieden 1999). Another benefit that Miranda warnings provide to law enforcement is due to that public confidence mentioned above, detectives who are in charge of interrogating a suspect can use Miranda in their tactics. Detectives begin by cultivating the suspect, getting him to make eye contact and engage in conversation. This along with the
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