![]() If you cannot afford an attorney, one will be provided for you. Anything you say can and will be used against you in a court of law. The Miranda waning is short and to the point: “You have the right to remain silent. This decision established a brightline rule that police officers were required to follow in order to obtain evidence admissible in a court of law. Additionally, a criminal defendant must understand his rights and voluntarily waive them. After considering the facts and the legal rights in question, the Supreme Court mandated that a criminal defendant must be explicitly informed of their 5th Amendment right against self-incrimination and their 6th Amendment right to counsel before and during an interrogation. Throughout the interrogation, the police never told Miranda that he had the right to counsel of an attorney or the right to remain silent. After two hours of interrogation, Miranda signed a confession implicating himself in the rape charges. In Miranda, the police questioned Ernesto Miranda concerning the kidnapping and rape of a teenage girl based off of circumstantial evidence. Arizona, the Supreme Court established a landmark decision regarding an individual’s 5th Amendment right against self-incrimination and their 6th Amendment right to counsel. ![]() However, what does happen if a Miranda warning is not read? Miranda v. Although Miranda warnings are required, they will not absolve an individual from criminal liability for their actions. However, some people assume that if the police don’t read them their Miranda warning, they will be able to escape punishment for their arrest. Due to exposure from TV shows and movies to the famous Miranda warnings, many people are aware that police are required to give a Miranda warning following an arrest.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |