Police Fairness (Miranda Right
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 it's 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 haven't 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 app
It is my belief that these rights are of the utmost importance to every American citizen. We must decide on the constitutionality of these rights as critics of the constitution as well as people who may be affected by our own decisions. They must do a more thorough job so as to avoid unnecessary pain and disruption to lives of people who may be falsely accused and to be absolutely sure that they have the right person in custody. Not being aware of your rights is like being thrown into the driver's seat of a car having no idea as to which pedal is the accelerator and which is the brake. The problem with this way of thinking is that these people are not just suspects in a crime; they are people and should be treated as such. Miranda warnings are a safety net. 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. These advisements have kept innocent people out of prison and therefore not only saved the lives and futures of those people and their families but also saved this country a significant amount of money that can be put to use elsewhere. There are laws that 90% of the country is unaware of. 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. 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. This warning statement has been in place for 34 years and has been met with extreme success. The Fourth Circuit Court of Appeals, in the case of U. It is the prerogative of that suspect to either wave these rights or to remain silent and request that a lawyer be present at all times.
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