Preview

Violation Of The Miranda Rights

Satisfactory Essays
Open Document
Open Document
267 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Violation Of The Miranda Rights
One of the rights in the Miranda rights includes the right to a lawyer before you talk to the police. You only need to tell the police your name and address. You are not forced to give explanations if you do not want. You should always talk with a lawyer to make sure you have a strong defense in court. Police have been known to resort to threats or trickery to get people to confess information. This is a violation of your rights, which is why it always pays to be educated. Even if you do not have money for a lawyer, you have the right to a free one, and you should ask the police how the lawyer can be contacted. One of your telephone calls should be to contact this lawyer. You may one immediately after your have been arrested. Don't worry about
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Good Essays

    Juvenile Justice Process and Corrections
    • 1067 Words
    • 5 Pages

    Juvenile Justice Process and Corrections

    The owner of the house yelled at me and told me I better not move. Even though I had a concealed weapon in my back pack I didn’t reach for it. Frozen in fear I did just that and I didn’t move an inch until the police arrived. Just like I had seen on so many shows the police showed up and handcuffed me like a common criminal, read me my Mirada Rights, and literally threw me in the back seat of the police squad. So there I sat in the back of the squad car just a couple of days after my seventeenth birthday knowing what was going to happen next as I had been down this road before. My mind raced as we drove to the police station in what seemed to be the longest ride I had ever taken in my life even thought the police station was only 3 miles away from my home.…

    • 1067 Words
    • 5 Pages
    Good Essays
    Read More
  • Better Essays

    Miranda V. Arizona
    • 2657 Words
    • 11 Pages

    Miranda V. Arizona

    This case is one that changed the way the United States Police forces will work forever. Every human in the world has natural born rights. Even people who have been arrested have rights, ‘The rights of the accused’. These rights are the main point of this court case.…

    • 2657 Words
    • 11 Pages
    Better Essays
    Read More
  • Good Essays

    Getting Rid of Miranda Rights
    • 922 Words
    • 4 Pages

    Getting Rid of Miranda Rights

    The Miranda rights are the rights a police offer is required to say to someone when the officer arrests that person. It is the warning that officers of the law give suspects so they know about their rights before they are interrogated. It was a law made after the conclusions of the Miranda vs. Arizona case. The case was very close as it was a 5-4 decision. The court ruled that any type of evidence, whether it is incriminating or proof of innocence, can be used as evidence in a case; however it can only be used if the police let the suspect know that they have the right to an attorney before and during questioning and also that the suspect can be silent to avoid self-incrimination before an interrogation. It is now a staple when police arrests are made. In this paper, I will explain why I believe that the Miranda Rights are not necessary anymore.…

    • 922 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    Miranda V. Arizona
    • 649 Words
    • 3 Pages

    Miranda V. Arizona

    The case of Miranda v. Arizona dealt with the question, “Does the police practice of interrogating individuals without notifying them of their right to counsel and their protection against self-incrimination violate the Fifth Amendment?” This case started in 1963, when Ernesto Miranda was arrested in Phoenix, Arizona for robbing $8 from a bank worker, and was charged with armed robbery. He already had a record for armed robbery, and a juvenile record including attempted rape, assault, and burglary. While Miranda was in police custody, he signed a written confession to the robbery, and also to kidnapping and raping an 18-year-old woman 11 days before the robbery. After being convicted, Miranda’s lawyer appealed; on the basis that the defendant did not know he was protected from self-incrimination and therefore did not have to confess to his crimes.…

    • 649 Words
    • 3 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Persuasive Essay On Miranda Rights
    • 770 Words
    • 4 Pages

    Persuasive Essay On Miranda Rights

    The rights you are read while being placed under arrest are the Miranda rights. They state that what you say will be used against you in court and that you have the right to an attorney. These rights are read to protect your freedom and to inform you of your constitutional rights. It became procedure to state the rights after the Miranda vs. Arizona case. Ernesto Miranda was sentenced to 20-30 years in prison for counts of kidnapping and rape. In court, Miranda argued that he did not know his rights and that they should have been told to him. He is the reason that criminal suspects receive more justice from police officers.…

    • 770 Words
    • 4 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    What Does Miranda Rights Mean To You
    • 524 Words
    • 3 Pages

    What Does Miranda Rights Mean To You

    The Miranda Rights are part of a preventative criminal procedure rule that states law enforcement are required to administer Miranda Rights to an individual who is in custody and is subject to direct questioning for a criminal violation of law. When a person is detained or taken into custodial arrest and interrogated for a criminal offense, if he or she wishes to remain silent the individual must expressly state that he or she chooses to remain silent. In addition, if the individual asserts that he or she wishes to speak to an attorney or have an attorney present, police must then cease interrogations and wait until…

    • 524 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Miranda V. Arizona Case Study
    • 746 Words
    • 3 Pages

    Miranda V. Arizona Case Study

    Miranda v. Arizona is a case that enabled the Supreme Court to fully identify and reiterate the rights of the accused and the responsibilities of the police when arresting someone. The “Miranda Rights,” or “Miranda Warnings” are based off of these legal obligations: “Police must warn a suspect “prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.”…

    • 746 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Miranda V. Arizona Case Analysis
    • 1221 Words
    • 5 Pages

    Miranda V. Arizona Case Analysis

    The Fifth Amendment which in 1934 the “which protects a defendant from being compelled to be a witness against themselves” (Wright, 2013). The self-incrimination portion of the Fifth Amendment was tested case of Miranda v. Arizona. This is the same case that leads to the Miranda Warning. The Miranda warning is an “explanation of rights that must be given before any custodial interrogation” so that self-incrimination will not be a factor. No person can be compelled to openly admit to a crime. They cannot try to pry information out of someone if they have not been read their rights or if they ask for their attorney. It is a different story though is someone just starts rambling on when they are not asked. “Suspects can reinitiate an interrogation by coming forward and indicating to police they wish to talk and are willing to waive their Miranda rights. If there is a break in detention, the police may reinitiate the interrogation after fourteen days” (Wright, 2013).…

    • 1221 Words
    • 5 Pages
    Good Essays
    Read More
  • Better Essays

    Miranda v. Arizona case: How it changed law enforcement
    • 1557 Words
    • 5 Pages

    Miranda v. Arizona case: How it changed law enforcement

    However, when Miranda was arrested he was not told his rights that are stated in amendment number five. On appeal, Miranda's lawyers pointed out that the police had never told him that he had the right to be represented by a lawyer, and that he could remain silent if he wished to do so. In addition, he was not told that everything that he said could be used against him. In the end of 1966, The United State's Supreme Court gave support to the defendant side by only a 5 - 4 majority. The Supreme Court decision detailed the principles governing police interrogation. In addition, they…

    • 1557 Words
    • 5 Pages
    Better Essays
    Read More
  • Satisfactory Essays

    Essay: The Right To Stay Silent
    • 487 Words
    • 2 Pages

    Essay: The Right To Stay Silent

    It is important for the police to read you your Miranda Rights because, if they don’t read your rights when you are being questioned, anything you say can’t be held against you. If they don’t read your rights, and you come clean about everything it won’t matter. You could be in court on trial telling them everything, but if they didn’t read your rights they have to let you go. It is also very important for people to hear their rights, so that they know they don't have to talk if they do not wish to; and that they will be provided an attorney if needed.…

    • 487 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Satisfactory Essays

    Miranda Right
    • 368 Words
    • 2 Pages

    Miranda Right

    3. Act as if you were, through your maxims, a lawmaking member of a kingdom of ends…

    • 368 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Powerful Essays

    Miranda Law
    • 1709 Words
    • 7 Pages

    Miranda Law

    * G. S. Prentzas, Miranda Rights: Protecting the Rights of the Accused. The Rosen Publishing Group, 2005.…

    • 1709 Words
    • 7 Pages
    Powerful Essays
    Read More
  • Good Essays

    Miranda V. Arizona Case Brief
    • 530 Words
    • 3 Pages

    Miranda V. Arizona Case Brief

    Miranda V. Arizona is case where Mr. Ernesto Miranda who was suspected for kidnapping and rape of 18 years old woman. After Mr. Miranda is arrested and identified by victim, police interrogated him for two hours and he confessed the crime. However at time he signed a confession he was not aware of his rights. No one told him his rights to remain silent nor informed him that his statement would be used against him. Although, when he put his confession into written form, across the form was printed disclaimer that stated that suspect was confession is voluntary, with no threats or any promises for immunity and of full knowledge of legal rights. Also that he know that everything he wrote can be used against him.…

    • 530 Words
    • 3 Pages
    Good Essays
    Read More
  • Powerful Essays

    Miranda Rights
    • 1591 Words
    • 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 kidnapping and raping an 18-year-old woman. The victim picked Miranda out of a lineup, and he was subsequently interrogated for two hours during which the police investigators failed to advise him of either his Fifth Amendment Right against self incrimination or his Sixth Amendment Right to request the assistance of an attorney. Over the course of this interrogation, Ernesto Miranda confessed and signed a written confession of his crimes. Included in his confession was acknowledgement that he had waived his right against self-incrimination. After his conviction based on his confession, Miranda's attorney appealed his sentence on the basis that his confession should be excluded because Miranda had not been informed of his rights by the interrogators. The police officers involved offered the defense that because Miranda had a past conviction, he should have been well aware of his rights. The Arizona Supreme Court denied Miranda's appeal, and his conviction was upheld. Miranda's attorney then appealed the case to the United States Supreme Court in 1965, and the Supreme Court agreed to hear the case. The Miranda v Arizona case was combined with three other similar cases. When the Supreme Court handed down the decision 5-4 in…

    • 1591 Words
    • 7 Pages
    Powerful Essays
    Read More
  • Good Essays

    Miranda V. Arizona, 384 U.S. 436 (1966) Brief in Irac Format
    • 765 Words
    • 4 Pages

    Miranda V. Arizona, 384 U.S. 436 (1966) Brief in Irac Format

    In order for an admission to be admissible in court, prior to interrogation, the individual must first be informed in clear and unequivocal terms that he has the right to remain silent. In addition, the warning to remain silent must be accompanied by the explanation that anything can be used against the individual in court, and that the individual has the right to have an attorney present during interrogation, and if they can not afford one, then one will be appointed to them. Also, if the individual waives his right to remain silent and for counsel to be present, the police must show that the waiver was made knowingly, voluntarily, and intelligently.…

    • 765 Words
    • 4 Pages
    Good Essays
    Read More

Related Topics