In the United States, any individual arrested for a crime is entitled to know that they are being charged with a crime and have the right to speak with an attorney. This is known as Miranda Rights. These rights exist in order to protect people from police interrogation that is not legal and could be used against them as a result of their statement.
It is essential that police officers are aware of these rules so they can operate within them with ease. The first case involving Miranda Rights in criminal cases was decided by the U.S. Supreme Court on December 16, 1966, in the case of Miranda v. Arizona (1966). The ruling stated that any questioning of a suspect must be done through an attorney or through some other person who is present and has been given legal access to the suspect before he is questioned.
How Miranda Rights Protect Suspects During Interrogation
When arrested, the police officers making the arrest will say something similar to, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.” These are the arrested person’s miranda rights.
The first part of Miranda Rights is the right to remain silent. If a suspect chooses not to speak with an attorney and/or other person who has been given legal access, they have the right to stop answering any questions.
The second part of Miranda Rights is the right to an attorney. If a suspect wishes for an attorney to be present, then that individual has the legal right to one. If the person cannot afford a lawyer, they still have the constitutional right to representation, and a lawyer will be provided to represent them.
It is important for officers to understand that suspects can only waive their rights if they are speaking with someone who has been given legal access before questioning them or through a written waiver. If a suspect does decide to waive their rights, it is still important that everything that takes place during questioning stays within the boundaries of legality.
What is the Purpose of Miranda Rights?
The purpose of Miranda Rights is to protect people from illegal interrogation. They are a way for law enforcement officers to operate within the law and not use any information that is given by a suspect in an illegal manner or in a situation of duress.
The case which created Miranda rights involved Ernesto Miranda who was interrogated and accused of kidnapping, robbing, and raping an 18-year-old woman. Police officers questioned Miranda without a lawyer present and he confessed to the crimes he was accused of.
Miranda’s confession was used as sole evidence in the trial. However, his lawyer argued that Miranda’s confession was not offered voluntarily and he made it under pressure and duress from the law enforcement.
The case went to the Supreme Court where the justices ruled 5-4 that Miranda’s confession could not be used as evidence in the trial. This ruling pulls from the 5th and 6th amendments. The 5th amendment states a person does not have to testify against themselves, and the 6th amendment states a person has the right to an attorney.
Why is Miranda Necessary in Criminal Cases?
The ruling of the Supreme Court in Miranda v. Arizona is necessary because it protects people from police interrogation that is not legal and could be used against them as a result of their statement. It is essential that police officers are aware of these rules so they can operate within them with ease. Any questioning of a suspect must be done through an attorney or through some other person who is present and has been given legal access to the suspect before they are questioned.
This allows attorneys to speak with their clients prior to being questioned so the person does not accidentally incriminate themselves during a stressful interrogation.
Exception to Miranda Rights
There are a few exceptions to Miranda Rights. One of these is a situation where the suspect voluntarily waived their rights after they were arrested and was told that they would not be questioned without an attorney. However, this waiver must be informed by law enforcement with language that the person is waiving their rights under this exception.
Another exception involves general questions about booking from law enforcement. These questions are not directly related to the crime of the accused.
When there is a public safety issue involved and the questioning cannot wait for an attorney to arrive at the scene, Miranda rights can be waived.
Enforcement of Miranda Rights in a Criminal Case
In order to enforce these rights, Miranda Rights must be read to the suspect. If they are not, it could lead to a conviction of the defendant without due process. The accused will then have the right to know what crime they are being charged with, their right to remain silent and the right to consult an attorney. If a defendant is able to demonstrate that they were not read their rights as required by law, then any statements taken from them before this point in time can be excluded from evidence. This is a very important step in protecting someone’s rights in cases where they have already been arrested.
Conclusion
The Miranda rights are the most famous set of rights that the police are required to give in order to preserve a suspect’s right to remain silent. These rights are an important protection for suspects, in that they prevent police from interrogating without their consent.
For more information on Miranda rights and other criminal defense topics, visit Hanlon Law Tampa.
Contact our team today for any questions about criminal defense.
Hanlon Law
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Tampa, FL 33602
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