Intro to Criminal Justice: 5th Amendment Right
CJ101 Intro to Criminal Justice
The Miranda warnings originated in a U.S. Supreme Court ruling, Miranda v. Arizona, which set forth the following warning and accompanying rights: You have the right to remain silent; Anything you say can be used against you in a court of law; You have the right to consult with a lawyer and have that lawyer present during the interrogation; If you cannot afford a lawyer, one will be appointed to represent you; You can invoke your right to be silent before or during an interrogation, and if you do so, the interrogation must stop. You can invoke your right to have an attorney present, and until your attorney is present, the interrogation must stop (Miranda Warnings and Police Questioning).
There advantages of the Miranda Rights for the public. As individuals, each of us benefits when we are apprised of our rights while in custody (England). The public also benefits because if rights are not read to the person in custody, a court may exclude evidence the police obtain as a result of that questioning (England). This may even lead to the suspect being acquitted in spite of strong evidence of guilt (England). Finally, as a society, we all have an interest in the fairness of criminal trials, a key element to a democracy (England). Coercive questioning, which can occur when officers question a person who is ignorant of their rights and who may, for various reasons, be vulnerable to coercion, can lead to unfair trials, conviction of the innocent or mentally ill, and other unfair results(England).
In criminal defense circles, it is understood that police officers can easily find creative, sometimes questionable ways to give Miranda warnings without deterring confessions (Wright, 1998). A signed waiver of Miranda warnings is the prosecutor's greatest asset when the defense tries to exclude a confession in court (Wright, 1998). It gives the confession an...