Friday, November 8, 2019
Police Fairness (Miranda Right essays
Police Fairness (Miranda Right essays Police Departments all over the country have their individual officers that abuse their power, officers on a power trip. This was just something I was thinking about recently, so I chose to make it the subject of my reflection paper. Since its such a broad topic, I decided to slim it down a little bit and go back to the basics. Here goes. "You have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to consult an attorney before questioning. You have the right to have your attorney present with you during questioning. If you cannot afford an attorney, one will be appointed for you at no expense to you. You may choose to exercise these rights at any time." Personally, I have never had this read to me before, and for those of you who havent either, this is the Miranda warning. Miranda first became an issue in 1966 when Arizona police arrested Ernesto Miranda on a rape and kidnapping charge. After approximately two hours of interrogation he signed a written confession. Through all this he was never informed of his right to remain silent or to have an attorney present. In the original trial his confession was admitted and he was convicted. His appeals went all the way to the Supreme Court, joining with three other similar cases. Here, the court ruled that suspects have the right to remain silent and that prosecutors may not use statements made by suspects in police custody, unless they have been informed of their rights first. Despite a common belief, it is not required that this warning be recited when a suspect is arrested, rather it is required when and if the police decide to interrogate the suspect. The Supreme Court is now in the process of hearing arguments, and reviewing cases to decide if the Miranda rights are really constitutional, and therefore, enforceable. The Fifth Amendment protects us from self-incrimination, therefor ...
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