Suspects From Overzealous Police Officers example essay topic
Miranda is a ruling which says that the accused have the right to remain silent and prosecutors may not use statements made by them while in police custody, unless the police advice them of their rights. In other words, a police officer must inform a suspect of this fundamental right, under the Fifth Amendment, at the time of their arrest and or interrogation. Miranda protect ignorant suspects from incriminating themselves. Miranda also protects suspects from overzealous police officers.
Although most law-enforcement agents in the United States are decent men and women, some abuse their power. They may try to coerce suspects into giving false confessions. Time and time again, we read of cases where suspects were forced to make confessions because an overzealous or prejudiced police officers want to close a case. The story of Rubin Hurricane Carter, made popular by the motion picture of the same name, demonstrated how lives could be destroyed when vindictive and manipulating detectives abuse their power. The Miranda Warning helps keep abuses in check. If the law is used correctly, the guilty would receive their due punishment.
When police officers inform suspects of their rights before interrogation, it is very unlikely that the judge presiding over any case would throw out statements made during questioning. Many high ranking law enforcement agents around the country support the Miranda Warning rule because it is a necessary safeguard; it helps and does not hinders the judicial process. William J. Bratton former police commissioner for the New York City Police Department said, 'Miranda works at a minimal social cost. The Supreme Court should reaffirm a decision that has served this country well. ' I believe that the Miranda warning protects all citizens, guilty and innocent, victim and perpetrator, from unscrupulous officers. The law was designed to insure that the statement given is voluntary and not extracted by force or coercion.
Many courts including the Supreme Court have made thousands of decisions using the Miranda ruling without any indication that the law was unconstitutional or benefit criminals. Miranda is one of the few laws in this country that seems to work for everyone. Miranda Warning 1. You have the right to remain silent, 2.
Anything you say can and will be used against you in a court of law, 3. You have the right to talk to a lawyer and have him present with you while being questioned, 4. If you cannot afford to hire a lawyer one will be appointed to represent you before any questioning, 5. You may also waive the right to counsel and your right to remain silent and you may answer any question or make any statement you wish.
If you decide to answer questions, you may stop answering questions at any time, to consult with an attorney, 6. Do you understand what I have told you?