The Miranda Rule : Pros And Cons

1896 WordsMay 26, 20178 Pages
The Miranda Rule: The Pros and Cons When I was a young boy growing up in the sixties and seventies, I remember watching police dramas like Adam Twelve and Dragnet. I remember watching the police officers portrayed in these shows “reading the suspects their rights”, before interrogating them. Back then I didn’t understand how important those words were to American law enforcement. The Miranda rule changed the way law enforcement treated suspects in custody by forcing them to inform them of their rights to remain silent, and to have an attorney present during questioning. Prior to the Miranda ruling, suspects always had these rights however, now law enforcement officers have to inform a suspect of these rights before questioning them.…show more content…
In 1965 the Supreme Court agreed to hear Miranda’s case and on June 13, 1966 overturned Miranda’s conviction. In his opinion paper regarding the case, Chief Justice Earl Warren wrote: “The person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in court; he must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is indigent, a lawyer will be appointed to represent him” (Drizin, 1984). This ruling required law enforcement to use the “Miranda warning” before interrogating anyone suspected of a crime. Failure to do so could cause any information retrieved during an interrogation not to be admissible in court. Although there is no mandated format that has to be used, most law enforcement agencies use the following when administering the Miranda rights: “You have the right to remain silent and refuse to answer questions. Anything you say may be used against you in a court of law. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. If you decide to answer questions now without an attorney present, you will
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