DALE CARSON LAW

The Miranda rights are Fifth Amendment rights that are attached to every kind of encounter between police and a citizen. Miranda rights are cited at the commencement of a police interaction and state that, “You have the right to remain silent. What you say may be used against you in a court of law.” These guidelines were the result of a famous case that the U. S. Supreme Court decided which was named in Miranda v. Arizona. These rights are meant to serve as a way to safeguard people during custodial interrogation.

Making Miranda Rights Mandatory

Miranda rights are a mandatory institution of the judicial branch, crafted to ensure no defendant is wrongly convicted. Furthermore, that the defendant’s rights are all guarded by the U.S. Constitution. Before these rights were enforced, there was a great possibility that people could make ambiguous statements during investigation and incriminate themselves without any knowledge of legal implications.

The fact that such freedom was not granted to the suspects who happen to be in custody is a flaw that the Miranda rule made evident. Consequently, statements or confessions the suspects made during that interrogation may be ruled inadmissible in courts. It is vital to safeguard such protection since it demonstrates that confessions are not obtained through the use of over burdensome police techniques.

Applying Miranda Rights

Lastly, it can be difficult to realize when and how Miranda rights apply. In most cases, they are imposed when an individual is taken into custody. Also, when any type of personal act is fundamentally restricted or if interrogation starts without previous authorization. On the other hand, the privilege against self-incrimination altogether with the right to counsel does apply whether or not the suspect/accused is advised of said rights.