SHOCK INCARCERATION Essay -- essays research papers

Miranda WarningsYou have the estimable to stick around silent, eitherthing you say can and volition be used against you in a philander of law. You have the right to speak to an attorney, and to have an attorney present during police questioning, if you cannot afford an attorney, whizz will be appointed to you by the state. These words have preceded any arrest since Miranda v. Arizona 1966, informing every detained person of his rights before any type of formal police questioning begins. This issue has been a ardent topic for decades causing arguments over whether or not the Miranda Warnings should or should not swipetinue to be part of police practices, and judicial procedures. In this paper, the designer intends to explore many aspects of the Miranda Warnings including definition, history, importance to society, constitutional issues, and pros and cons of having the Miranda Warnings incorporated into standard police procedures. The Miranda Warning, is the requirement set forth by the unify States Supreme Court in Miranda v. Arizona June 13, 1966 that foregoing to the time of arrest and any interrogation of a person surmise of a crime, he/she must be told that he/she has the right to remain silent, the right to be told that anything he/she said while in clutch can and will be used against him/her in a court of law, and that he/she has the right to legal counsel. The Miranda Warnings inform the arrested of constitutional rights and are think to prevent self-incrimination in violation of the Fifth Amendment to the U.S. composing (Neubauer 2002). The Fifth Amendment to the Constitution states No person shall be held to answer for a capital, or differently infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or maritime forces, or in the militia, when in actual service in time of war or public danger nor shall any person be subject for the same offense to be put in chance of life or limb nor shall be compelled in any sad case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law nor shall private property be taken for public use, without just compensation (Murphy1996). By neglecting to inform a shadowy of his Constitutional rights the due course... ...nbsp1. Frieden, T. (1999, November 10). Government files brief seeking to preserve Miranda warnings. CNN. Retrieved Saturday whitethorn 1, 2004 from the area Wide wind vane http//www.cnn.com/US/9911/02/miranda.warnings.01/2. Ivers, G. (2002). American Constitutional right Power and Politics. Boston Houghton Mifflin.3. Miranda v. Arizona Certiorari to The Supreme Court of Arizona. (1966). United States Supreme Court. Retrieved April 23, 2004 from the World Wide Web http//www.tourolaw.edu/patch/Miranda/4.. Mount, S. (2003). The Miranda Warning. Retrieved Saturday May 1, 2004 from the World Wide Web http//www.usconstitution.net/miranda.html5. Murphy, G. (1996, Octob er 16). Historical Documents The Bill of Rights. Cleveland Free-Net. Retrieved April 23, 2004 from the World Wide Web http//www.lcweb2.loc.gov/const/bor.html6. Neubauer, D.W. (2002). Americas Courts and the Criminal Justice System. Belmont, CA Wadsworth Thomson Learning.