Monday, February 10, 2020
The Essence Of Miranda Warnings Research Paper Example | Topics and Well Written Essays - 250 words - 1
The Essence Of Miranda Warnings - Research Paper Example 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 with 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.Ã If 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 the se 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.Ã 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 suspectÃ¢â¬â¢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.Ã If the suspected criminal has not been formally charged, it is necessary to determine if Miranda Warnings are needed. If the person is not Ã¢â¬Å"in custodyÃ¢â¬ , Miranda Rights are not necessary and the statements made by the arres tee are admissible.