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Is Miranda warning good or bad?
The Miranda Warning is good. It's a legal warning given by Police to suspects that are going to be questioned informing them of their rights to:Remain silent;Terminate questioning at any time;Have an attorney before and during all questioning; andIf they cannot afford an attorney, the courts will provide a free attorney for the duration of your trial (meaning if you're convicted or acquitted, the attorney no longer represents you)and that anything they say after the point of a Miranda warning can (and generally will) be used against them in a court of law.
Is the Miranda warning good or bad?
The Miranda Warning is good. It's a legal warning given by Police to suspects that are going to be questioned informing them of their rights to:Remain silent;Terminate questioning at any time;Have an attorney before and during all questioning; andIf they cannot afford an attorney, the courts will provide a free attorney for the duration of your trial (meaning if you're convicted or acquitted, the attorney no longer represents you)and that anything they say after the point of a Miranda warning can (and generally will) be used against them in a court of law.
Who has the Miranda rights?
Everybody has the Miranda rights, but they are only relevant once you are accused of a crime. When you are accused and taken into custody, they will be read aloud to you. The rights are the right to remain silent, to have an attorney with you during questioning, and to have a court appointed attorney you can't get one.
How you feel about Miranda concerning Law Enforcement and criminal suspects?
Miranda Warnings (Rights) should be read at any time someone is being arrested and before questioning. Your warning not only tells you that you have the right to remain silent during ANY and ALL questioning but that you have the right to an attorney present during any and all questioning. Lastly, it also points out to a suspect that If they're indigent (poor) they have the constitutional right to a public defender.
What are the Miranda rights?
The Miranda rights are guaranteed by the 5th and 6th amendments to prevent self-incrimination and ensure due-process. People accused of crimes have the right to remain silent, to have an attorney present during questioning, and to have a court appointed attorney if they want one. These rights are read to suspects who are taken into a police custody.
What is the significance of the "Miranda" law in protecting individuals' rights during police interrogations?
The Miranda law requires police to inform individuals of their rights before questioning them, such as the right to remain silent and the right to an attorney. This helps protect individuals from self-incrimination and ensures fair treatment during police interrogations.
What if Miranda rights not given til hour after arrest?
As long as you are advised of your Miranda rights beforequestioning is begun it does not matter. Miranda rights are not about being arrested they are about what your rights are during questioning.
Which court case included the right to an attorney being present during questioning by the police?
Miranda v Arizona did not add any new 'right', it simply stated that a person had to be advised of rights already granted by the Constitution.
Explain the Miranda rights and what amendment is it covered by?
The Miranda rights are a collection of rights that a suspect is read so that she knows what she is allowed to do. The first comes from the 5th amendment and means that the suspect is allowed to stay quiet during questioning. The second is from the 6th amendment, the right to an attorney whether or not she can afford one.
What is the purpose of the Miranda rule?
The Supreme Court recently confirmed that Miranda warnings are constitutionally required because of a 1966 case called Miranda v. Arizona. When a person is in custody, some version of the Miranda rights, such as the following, is read to the individual before questioning: "You have the right to remain silent. If you give up 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 desire an attorney and cannot afford one, an attorney will be obtained for you before police questioning." The Miranda rule was developed to protect the individual's Fifth Amendment right against self-incrimination. Many people feel obligated to respond to police questioning. The Miranda warning ensures that people in custody realize they do not have to talk to the police and that they have the right to the presence of an attorney. If the Miranda warning is not given before questioning, or if police continue to question a suspect after he or she indicates in any manner a desire to consult with an attorney before speaking, statements by the suspect generally are inadmissible. However, it may be difficult for your attorney to suppress your statement or confession in court. The best rule is to remain silent. You have the right to an attorney. Insist on it.Charles Miranda was a person who was arrested by police and not given any formal warnings as to what the consequences could be if he makes a statement to the police, especially one that incriminates himself. The two basic Miranda warnings are that you have the right to remain silent and the right to an attorney being present when making a statement. It further states that any time during the questioning you can remain silent and not answer any questions, the police cannot make any threats, coercion, or promises in order to induce you to make a statement: the statement must be of your own free will. It also states that you have the right to a court appointed attorney if you cannot afford one. Finally, it states that any statement you do make to the police can be used against you in trial.
Do attorneys have product liability?
An attorney can be sued for malpractice if the client believes that their attorney has performed poorly during a case. This has its risks as the client has to prove that there was severe negligence or malicious intent by their attorney.
Which amendment does the right to be informed of why you are being arrested?
Miranda Rights..... if they are not read to you, they you then it is a violation of your rights..... you have to know your rights when you are arrested! They are: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 have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights? Miranda Rights..... if they are not read to you, they you then it is a violation of your rights..... you have to know your rights when you are arrested! They are: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 have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights?
