Sunday, June 14, 2009

KNOW YOUR MIRANDA RIGHTS

The Constitution is an important tool for all of us. The Constitution gives all of us rights! It is important that we all become familiar with the rights the Constitution guarantees all of us.

Relevant to this posting, those suspected of crime must know their rights, including Miranda Rights.

In Miranda v Arizona, Ernesto Miranda, a defendant in the case was accused of kidnapping and raping a mildly retarded 18-year-old woman. He was found and brought in to the police station and questioned about the case. The officers told him that he did not have to talk if he did not want to and if he preferred to have an attorney present while he spoke and answered questions he could. The Supreme Court found that little advise by the officer was not sufficient and found that because Mr. Miranda was not advised of his rights prior to questioning that his confession would be suppress and kept out of evidence.

Miranda rights is named after that case. Because of this case, the police is now required to recite the following Miranda warning: "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 can be provided to you."

REMEMBER, just because you are arrested, that does not mean that you are entitled to be read Miranda rights and get the evidence thrown out of court if you weren't read the Miranda rights at that time. Miranda requires that you be questioned about pertinent things to the case prior to you having to be read your Miranda rights.

AGAIN KNOW YOUR RIGHTS. YOU WILL BE PRESUMED TO KNOW YOUR RIGHTS. YOU WILL NOT BE PERMITTED TO PLEAD IGNORANCE IN COURT. KNOW YOUR RIGHTS!!

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