| Miranda Rights Essay Good thesis writing Essay done for you

Administration of Miranda rights aims at protecting an individual in custody from violation of his/her Fifth Amendment right. This avoids law enforcers from compelling the individual into self-incrimination as it was the case for Ernesto Arturo Miranda in 1966. This also includes an individual’s right to counsel as stipulated in the Sixth Amendment right.

The laws developed after the Miranda v. Arizona case allow defendants to invoke the Fifth Amendment right and refuse to testify. The information in the amendment includes the suspect’s right to remain silent and the right to an attorney. Anything the defendant may say after invoking the rights can be used against him/her during court of law proceedings. However, if the defendant cannot afford an attorney, the state would provide one at no cost.

When an officer arrests a person, he/she would first inquire of the suspect’s understanding of the Miranda rights. Translation may be necessary in instances where the officer encounters a language barrier. The right prevents the individual from coercive interrogations. The defendant can then choose to remain silent and seek an attorney.

The Miranda right applies only in cases where testimony is required as evidence. However, some actions like nodding during questioning are still classified as testimonial. It is essential to note that the rule does not apply in certain instances such as administration of suspect identification procedures. The rule also does not apply in cases where the suspect has information that can jeopardize public safety. Moreover, routine questions during the booking of suspects do not fall under Miranda rule.

In summary, the Miranda rule requires certain procedures to be adhered to during a suspect’s prosecution. Gathering of evidence must be conducted by state-agents when the suspect is in custody. The evidence gathered must be testimonial and be a product of interrogation. Above all, the suspect must be fully aware of his/her Miranda rights.