Miranda Rights and Fifth and the Sixth Amendment - Essay Example

In case of Miranda rights, a defendant or suspect gains the right to obtain services from an attorney while he experiences investigation and interrogation despite the fact that he is under the custody of the police. The main purpose of the right to counsel under Miranda rights is to restrict police officials from using coercive methods of interrogation while the suspect is under the custody of police officials. Another purpose of the right to counsel under Miranda rights is to protect an individual’s right to plead guilty under the regulations of the Fifth Amendment.

Under Miranda rights, the suspect is allowed to obtain aid from an attorney before he is interrogated and even while the interrogation process is taking place. If the suspect asks the police officials for an attorney, it becomes obligatory for the police officials to put a stop to all activities categorized as integration. In case of Maine v. Moulton case, the judge stated that the suspect or defendant should not be restricted from obtaining services from an attorney before the trial proceedings take place or while the suspect is in police custody because this action can have a much damaging effect as compared to rejection of right to counsel during the proceedings of the case (Champion, 2005, p.369). The defendant even has a right to act as an attorney himself if he has the capability to perform duties of an attorney and can defend himself if the defendant does not have these capabilities, then the defendant has to obtain assistance from an attorney.