The Essence Of Miranda Warnings - Research Paper Example

THE ESSENCE OF MIRANDA WARNINGS 2 In the context of fairness and justice, Miranda Rights grants the arrestee who is under custody the right to remain silent and the chance to confer with a legal counsel prior to further interrogation. The purpose of this study is to elaborate further the intricacies of Miranda Rights and its implications, either directly or indirectly. Furthermore, this seeks to explain the underlying meaning of the right to let us understand the purpose, the value and the concept of this particular right.

For example, this right grants an arrestee to refuse from answering questions which he or she thinks would compel him or her to give incriminating statements which could possibly be taken as admissible evidence and might be used against him. The Fifth Amendment gives right against compelled self-incrimination and the due process of the law. If the arrestee was formally charged of a crime, the Miranda Warnings must be made known to the arrestee. Further, the sixth amendment grants the right to a legal counsel or an attorney during all subsequent questioning process.

The sole example that is presented on this study is a domestic violence case and should a police officer perform the interrogation process. Keywords: Miranda Rights, incrimination, “in custody”THE ESSENCE OF MIRANDA RIGHTS 3If a person is under custody for interrogation, any police officer called to perform the interrogation process must read to the arrestee the Miranda Rights. If in any case the respondent did not respond to give an affirmative answer, silence should not be taken as a waiver of these rights.

The interrogation can still proceed but responses from the arrestee are considered void and ineffective during a trial if the statements were made prior to Miranda Rights.In the case of domestic violence, if the arrestee was formally charged, the police officer must warn the arrestee of his or her constitutional rights. All the responses of the suspect under custody shall be taken as admissible evidence, provided, the rights were made known to her. In addition, the suspect’s 6th amendment protection shall be applied and may not be doubted or questioned relating to subject matter of the offenses being charged to the suspect if there is an absence of a legal counsel or an attorney or anything that waives the right to an attorney.

If the suspected criminal has not been formally charged, it is necessary to determine if Miranda Warnings are needed. If the person is not “in custody”, Miranda Rights are not necessary and the statements made by the arrestee are admissible. However, if the person is “in custody” and was interrogated, Miranda Warnings are necessary and the statements made by the arrestee prior to reading the Miranda Warnings are inadmissible. If a police officer has read the Mirada Rights before the arrestee, it does not grant questioning automatically.

The interrogation can only take place once the arrestee waive his or her rights and agrees to be questioned. But if the arrestee invokes for a legal counsel or an attorney, interrogation process should cease immediately and should be resumed only if the legal counsel has been provided to the arrestee. Further, if the arrestee wishes to remain silent, hence, questioning must cease.References:Judge, Lisa A. "Fifth and Sixth Amendment". Aele. n.d. Web. 21 November 2011"What are your Miranda Rights?

" MirandaWarning.org. Miranda Warning, n.d. Web. 21 November 2011"Miranda Warning." Wikipedia.org. Wikipedia, n.d. Web 21 November 2011