what are miranda rights tagged posts

Can Police Officers Question Minors Without Parental Consent?

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Most people recognize the fact that anyone under the age of 18, is a minor. As a minor, a person doesn’t have either enough knowledge or life experience to make good decisions on their own. That is why kids are considered to be under the protection of their parent or legal guardian. The minor’s parent is responsible for ensuring the child’s safety and well-being. If the minor gets into any trouble with law enforcement, the child is usually returned to their parents.

However, something that can cause some confusion is whether or not police officers need to consult the parent before questioning the child. After all, the child is a minor and may say something that could incriminate him or herself without realizing it...

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Understanding the Miranda Rights

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The right to remain silent and the right to have a lawyer represent you are two rights every arrested person has. These are the Miranda Rights, which the police are required to read to every arrestee.

The Miranda Rights are named after Ernesto Miranda, who was arrested in the 1960s and accused of kidnapping, rape, and robbery. During his trial, it was revealed that the police used intense and intimidating interrogation methods to lead him to confess. The court found this unjust and unfair, so his conviction was overturned. After additional evidence and eyewitnesses, he was eventually found guilty once again.

Miranda’s case, along with another in the 1960s, Escobedo vs. Illinois, brought about the Miranda Rights...

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Why the Miranda Rights are Imperative to the Justice System

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When a person is arrested, they are Mirandize, which means they are verbally reminded of the following rights:

  • The right to remain silent.
  • The right to a lawyer.

These Miranda Rights must be read to each arrestee these days to remind them of these rights, avoid false confession, and avoid self-incrimination. Half a decade ago, this was not a requirement of police officers. During this time, some confessions were questionable. Were they actually false confessions? Did a suspect finally confess to a crime because he or she just wanted the berating, annoying, seemingly non-stop interrogations to end? Possibly.

The case that the Miranda Rights bares its name from is the 1966, Miranda v. Arizona. A man by the last name of Miranda was arrested for the kidnapping and rape of a woman...

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Know Your Rights When You Are Arrested

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Back in 1966, the Miranda Rights did not exist. That means the police were not required to tell arrestees that they had the right to a lawyer and the right to remain silent. Some defendants would confess to a crime they did not commit because they were simply tired of the questioning, which could have included tactics that are considered antagonizing. These are false, coerced confessions.

Finally the law changed, and the Miranda Rights were introduced to prevent those kinds of confessions and to enlighten defendants of their full rights.

Most defendants also have the right to bail, but some are not so lucky since a judge can deny bail to defendants who are accused of heinous crimes or are considered especially dangerous.

Valencia Bail Bond Store will help protect your right to bail...

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To Be Mirandized

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When someone is Mirandized, it means that they have been arrested and given their Miranda Rights. We are sure you have heard of Miranda Rights at least once or twice on television. They go along the lines of: “You have the right to remain silent. Anything you say, can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford one, one will be appointed to you. Do you understand these rights as I have read them to you?”

At that point, the arrestee must answer with a verbal yes or no.

The purpose of this is to remind arrested individuals of these very protective rights that they should use to their benefit. These are their rights, so they are not taken advantage of by investigators.

Before the Miranda Rights were ever in place, defendants didn...

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The Police Will Arrest You, And Protect You

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It’s hard to believe that in the moment a person is being arrested by the police, the police are also reading them Miranda Rights to remind them of their rights so they can protect themselves from the police and prosecution later on, so they are not taken advantage of.

The Miranda Rights says that an arrested person has the right to remain silent, meaning they do not have to answer any questions they do not want to. They also have the right to an attorney if they wish to hire one. If they cannot hire one, one will be appointed to them to represent them in court – and make sounder judgments and advice.

The police must read all defendants their Miranda Rights – not every arrestee may know that they have these rights...

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