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, […]
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Chaos ensues when someone is arrested. Sometimes, the person is neglectful of what they should and should not do or say because they are stressed and not thinking clearly. They need to cooperate with the police, but at the same time, they need to protect themselves as much as possible. Just because someone is arrested […]
You have the right to remain silent. This is the first clause of the Miranda Rights, a set of rights the police must read aloud to anyone they arrest. You have the right to an attorney. This is the second clause of the Miranda Rights. The purpose of the Miranda Rights is to ensure that […]
Pre-Arrest Questioning Since no one is being arrested, no Miranda warning is given. Post-Arrest Questioning The police read the arrestee their Miranda Rights; the right to remain silent and the right to a lawyer. These rights are to benefit the defendant, to protect him or herself, although they may waive these rights if they so […]
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 […]