MIRANDA RIGHTS

 

Miranda rights originated from Miranda v. Arizona case. This is when Ernesto Miranda was arrested and after some few hours of questioning, Miranda confessed he had robbed, kidnapped and raped. Some of the Miranda rights are the right to stay silent, anything you say can be used against the court of law, if you don’t have a lawyer, one will be provided and right to have an attorney. It is not easy to understand the right to remain silent unless one applies it.  If a person happens to remain silent during questioning, the interrogation should stop immediately. Silent cannot be used against someone in the court of law.   There is no big definition of the right of anything you say will be used in the court of law, but it simply means that anything you say will be used in the court of law it can be used in a way to harm you. Police officers are required to first Mirandize the suspect before interrogation.  Police must make sure that the suspect understands the Miranda rights well. Miranda decisions are meant to make the suspect aware of his constitutional rights.  If a person states that he needs an attorney, the interrogation should stop immediately until the attorney is present.  Miranda rights are effective after the arrest has been made. Therefore, a police officer has the mandate to ask any question before an arrest is made, but he must tell the suspect that the questioning is an involuntary basis.   In cases where the suspect is under arrest and has not read the Miranda rights, the voluntary statement may be used in the court of law.

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