Argumentative Essay
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Argumentative Essay
Most people believe that if they are arrested and taken to custody and not read Miranda rights they will not suffer punishment which is not true. But in case the police fail to read the Miranda rights for a suspect, then the prosecutor cannot use that evidence against the suspect in a court of law. The Miranda rights are clear and state that the office upon arrest must let you know of some certain facts they question you. An officer who interrogates you must make you be aware that you have a right to remain silent in that particular situation. Second if you say anything it can be used against you in a court of law. You have a right to have a lawyer during the questioning and that if you are not capable of having one then, one will be appointed for you if you desire.
It does not matter the scene whether the interrogation will take place in jail, in the middle or a open filed or along a busy street if at all the person is in custody meaning he has been denied freedom of action in any significant way, then the police must read the Miranda rights if they want to ask questions and use those answers as evidence in a court of law. The law requires that the Miranda rights be read to a suspect before an officer proceeds to ask questions. In our case the police did not read the Miranda rights for the suspect and therefore we would say that the evidence the police are planning to use in a court of law against the defendant were illegally obtained.
In Miranda v. Arizona, the Supreme Court ruled that before criminal suspects are detained they should be informed of their constitutional right to an attorney General and against self-incrimination before they are arrested. And therefore on this basis, the defendant should be set free since the police prior to interrogating the defendant did not read the Miranda rights to them.
References
Rauf, D., & Riley, G. B. (2016). Establishing the Rights of the Accused: Miranda V. Arizona. Enslow Publishing, LLC. https://books.google.com/books?hl=en&lr=&id=sARiDwAAQBAJ&oi=fnd&pg=PP1&dq=Miranda+Rights:+What+Happens+If+the+Police+Don%27t+Read+You+Your+Rights&ots=TjSa9IrzuJ&sig=zKvJImnwDAw9sCPWVu4qnp6jKm8