The Miranda Rule and the Exceptions
Overview
Prior to the Miranda v Arizona ruling in 1966, law enforcement could question possible suspects without their having legal counsel present. They could bully potential suspects, trick them, and do whatever else they thought was necessary to determine potential suspects' involvement in a crime. The Miranda ruling protects people by allowing them to have legal counsel present when questioned by law enforcement regarding a crime in which they may or may not have been involved.
Instructions
Part 1
In Part 1 of this assignment you are required to write a one- to two-page narrative in which you:
Summarize the Miranda Rule, including examples.
Explain exceptions to the Miranda Rule, including examples.
Develop a checklist with a series of questions to ask when assessing whether or not the Miranda Rule applies (for example, is your question a general one, such as name and date of birth? Or is it one that could make them vulnerable to prosecution?).
Miranda Rule
Student’s Name
Institutional Affiliation
Instructor’s Name
Course
Date
Miranda Rule
Miranda Rule
According to the court ruling in the Miranda v. Arizona case (1966), the United States Supreme Court stated that any detained criminal suspect should be informed that they have the right to a lawyer and to avoid self-incrimination way earlier before being interrogated by law enforcers. For example, suppose a criminal suspect is arrested for burglary. In that case, the law enforcers should read them their Miranda rights before questioning them to avoid giving information or being coerced to give information that would amount to a confession that will be used against them in a court of law.
Exceptions to the Miranda Rule
Conversely, the law enforcers have no obligation to give Miranda warnings to suspected lawbreakers in certain situations:
* When questioning is necessary for public safety, the law enforcer is not obligated to read the Miranda righ...
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