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Pages:
2 pages/≈550 words
Sources:
2 Sources
Style:
APA
Subject:
Law
Type:
Essay
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 8.64
Topic:

Miranda Ruling

Essay Instructions:

Discuss what the police must do to comply with the Miranda ruling. What are the requirements for having to advise a person of their Miranda Rights? Additionally, explain the two ways to prove to the court that a person waived their individual rights when making statements to the police

Essay Sample Content Preview:

Miranda ruling
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Police compliance with Miranda ruling
Police suspects under custodial interrogations are to be provided with the Miranda warnings about their rights. Thus, the main issue is to determine whether the suspect has been in police custody. The police needs to give the Miranda warnings showing that the suspect has the right to remain silent before the interrogation. At the same time, the advise extends to the extent that there is a complete warning about the Miranda rights, and if there is a contravention of the rules then information that contravenes the Miranda ruling will not be admissible in a court of law. It is not every police interview that requires the suspects could be provided with the Miranda warnings since the suspect should be subject to interrogation while in custody.
In order to comply with the Miranda ruling, the officers need to ensure that suspects provide an intelligent and voluntary waiver to their Miranda rights before there is any questioning. In case a suspect requests an attorney, then it is necessary for the police to cease further questioning till there is an attorney, or if the suspect then contacts the police again. When dealing with person who cannot reliably understand their Miranda rights like the mentally handicapped and those below age, officers need to question the suspects in the presence of a lawyer.
Requirements for having to advise a person of their Miranda Rights
Suspects in custody who are about to be interrogated are typically the ones provided with the Miranda rights. Being in custody extends to limitations to the freedom of movement and action because of authority or lawful action (Siegel, 2009...
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