The Miranda Concept and Why

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CJ 1320 Week 4| April 15
2013
|
Charles Fuller ITT-Technical Institute| Criminal Investigations|

Unit 4 Assignment 2: Suspects and Miranda
In this essay I will be discussing the Miranda decision, when Miranda should and should not be read, provide scenarios of both, and discuss my opinion on whether Miranda warnings are still a valid concept in modern society and policing.

The rationale for the Miranda decision is that Ernesto Miranda felt that he was compelled by the interrogating officers to give information on the crime thus violating his Fifth Amendment right against self-incrimination and the judicial system did not want this to happen again.

Miranda warnings should be used in a criminal investigation when a suspect is arrested and before a suspect is interrogated while being in custody. A few scenarios of when Miranda warnings should be read are: 1. Joe is in a holding cell for a murder charge, Joe is taken out of the holding cell and into an interrogation room for questioning. The interrogating officers must read Joe his constitutional rights that he may remain silent, and the right to counsel and if he cannot afford counsel then counsel will be afforded for him. 2. Joe was seen running two blocks away after a hit and run was committed and a person matching Joe’s description fled the scene. Police see Joe running and quickly arrest Joe and read him his Miranda rights. Two scenarios of when Miranda warnings are not required are when: 1. Having an interview over the phone.

2. Or having an interview in a living room or front porch. I do believe that Miranda warnings are still a valid concept, and that it is very necessary for officers to inform the public of their rights when needed. Works Cited

Lushbaugh, C. A. (2012). Criminal Investigation. In P. B. Weston, Criminal Investigation (p. 146). Upper Saddle River: Pearson.
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