Tuesday, October 5, 2010

Do you understand your Miranda rights

Miranda v. Arizona, the case established the doctrine of the "Miranda rights." In 1963 Ernesto Miranda was arrested, an Arizona man on charges of kidnapping and raping a 18-year-old woman. While he was being questioned, confessed to Miranda, the crime and this evidence was later used to convict him. After several complaints, the court case was brought before the U.S. Supreme. The court ruled that the police had to inform Miranda of his right to remain silent and the right to aAttorney, the confession that was obtained during the interview was inadmissible as evidence because it violated Miranda's constitutional rights.

The Miranda rights are a reflection of the two rights guaranteed to all citizens by the U.S. Constitution: the right to self-incrimination and the right to avoid legal representation. The right to self load, commonly referred to as the right to remain silent is guaranteed by the Fifth Amendment of the Constitution. This right is also the originthe phrase "plead the fifth." The right to counsel prevents people taken advantage of by police and prosecutors. If you are arrested, you have the right to a lawyer before answering questions. These two rights were established long before the Miranda case, but the details of the case resulted in the ruling that defendants must be informed before being questioned about their rights. The police needed "to read anyone their rights" beforequestioning them, otherwise the information obtained from interrogations is inadmissible in court.

The proper Miranda warning provides the following information. "All have the right to remain silent, and what can you say will be used in court against you, you have the right lawyer to talk to a lawyer and have to take one. During any questioning. If you can not afford a lawyer, is it costs government to be provided for you. "

This passage is heardTelevision, in movies, books, and is often taken for granted, but these Miranda rights are important who has ever been or ever be accused of a crime. If you have been accused of a crime to understand that you have the right to remain silent. Although you may be tempted to defend themselves against police accusations that it is in your best interest to follow the officers' commands and silent. In cooperation with police warnings and commands does not mean that youguilty. There is enough time to defend your case when you are talking to a lawyer. Let an experienced defender in criminal cases to fight your battles for you, so you do not make the mistake of self-incriminating, or providing authorities with verbal evidence used against you.

Friends Link : cheap lg lcd tv review

0 comments: