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Posted: January 18th, 2023
Miranda Rights
The Miranda rights are an everyday part of our criminal justice system. For this assignment, critically analyze the implications of Miranda for the criminal justice system, taking into consideration the following:
· A brief history of how the Miranda rights came about, including what they consist of
· In what situations are Miranda rights required;
· Any exceptions to giving the Miranda rights; and
· What is needed for a waiver of Miranda rights.
This paper should meet the following requirements:
· 3 pages in length (not including title or reference pages), double-spaced, and include a minimum of four, peer-reviewed, scholarly journal articles
· Format your document according to APA 7th edition, including in-text citations and properly formatted references
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The Miranda rights are a set of warnings given by law enforcement to individuals in custody or under arrest. They are named after the Supreme Court case Miranda v. Arizona, which established these rights in 1966. The Miranda rights consist of four main warnings:
The right to remain silent: individuals have the right to not incriminate themselves and to not make any statements that may be used against them in court.
The right to an attorney: individuals have the right to have an attorney present during any questioning.
The right to have an attorney appointed if they cannot afford one: individuals have the right to have a court-appointed attorney if they are unable to afford one.
The right to stop answering questions at any time: individuals have the right to stop answering questions at any time, even if they have previously waived their rights.
Miranda rights are required to be given by law enforcement in situations where an individual is in custody or under arrest, and is being questioned by the police. This means that if an individual is not in custody or under arrest, and is not being questioned by the police, Miranda rights do not have to be given.
There are a few exceptions to giving the Miranda rights. For example, if an individual is in an emergency situation and their statements are necessary to protect public safety, the Miranda warnings do not have to be given. Additionally, if an individual voluntarily waives their Miranda rights and agrees to speak with law enforcement, the rights do not have to be given.
For a waiver of Miranda rights to be valid, it must be knowing, intelligent, and voluntary. This means that the individual must understand their rights and the consequences of waiving them, and must make a decision to waive them without any coercion or pressure from law enforcement.
The Miranda rights are an important aspect of the criminal justice system, ensuring that individuals in custody or under arrest are aware of their rights and protected against self-incrimination. The exceptions and waiver of the rights must be carefully evaluated and applied, as it ensures the protection of rights and upholds the integrity of the criminal justice system.
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