Parts of the Miranda Rights There are four parts to the Miranda rights. The first is the individual has the right to remain silent, which clearly indicates that the person is allowed to not say a word if she or he pleases, when being taken into custody the individual must be told this. The second part is anything an individual says can and will be used against you in a court of law, meaning that if a person reveals any information after being read your Miranda rights can be used as evidence against you. The third part is the individual having right to an attorney, which simply means the individual has the right to a lawyer that can represent him. The last part of the Miranda rights is being told that if the individual cannot afford an attorney one will be appointed for him, indicating that the government will provide you a lawyer if you don’t have …show more content…
According to Brière (2000) the rights are expected to ensure poor people and the clueless by verifying they are mindful of their choices. If one is not mindful of what his choices are, the subject may act upon pressure and emotions or even make claims that are untruthful. By not properly practicing your rights and instead waiving them the police will be then allowed to use whatever it is you said in their favor.
Circumstances of Miranda Rights Miranda rights be read to an individual under the circumstances of one being arrested. However, the Miranda Rights join during any interrogation for example, when a man is significantly denied of their flexibility and not allowed to leave. In this circumstance the Miranda rights must be read if not then any information given can be voided. In the event that a man trusts that he or she is a potential suspect in a wrongdoing, then it might be wise to nicely refuse to answer questions, at any rate until counseling a lawyer.
To Waive or Not to