People always hear police officers on TV say, "You have the right to remain silent. Anything you say can be used against you." These are very important words that police officers say to people who have been arrested or have been put up for interrogation. These are referred to as the Miranda Rights or Miranda Warnings. The Miranda Rights are used to inform people of their rights before they are questioned about criminal hours. Reading people a very specific script describing their rights ensures that are informed of how their words can be used and how they may protect themselves by remaining silent or waiting for an attorney before speaking. Miranda Warnings have become a vital form of protection in criminal law.
The name of the rights comes …show more content…
First off, if the Miranda Rights are misspoken, added to, or detracted from, one may report that to the judge, and the judge may dismiss the charges due to adding or detracting from the legal rights. If the Miranda Rights are misheard, one must inform the officer that they cannot hear them, in which case they have to start over. If they do not report that they didn’t hear it correctly, their case is still at fault if they make an unlawful confession. If the officer fails to advise them of their rights, their rights are not necessary, and all charges from the prosecuting party are invalid. For example, if John Doe is in custody, they do not read out the Miranda Rights. They ask John about a certain crime of vandalism. Not knowing he has the right to remain silent, he gives a description of how he vandalized the area. He goes into court, with the prosecuting party having an advantage because John Doe admitted his crime. Luckily, he has a good attorney who points out that they did not read out his Miranda Rights to him. The judge realizes that his admission was unlawful, and so they take away all charges from the prosecutors. John Doe has admitted unlawfully to his crimes, and he walks out of the case without charges. If he had been informed of his rights, John could have remained silent, and let the prosecutors use that against him. These rights always help to ensure justice, along with having the people’s rights in
The name of the rights comes …show more content…
First off, if the Miranda Rights are misspoken, added to, or detracted from, one may report that to the judge, and the judge may dismiss the charges due to adding or detracting from the legal rights. If the Miranda Rights are misheard, one must inform the officer that they cannot hear them, in which case they have to start over. If they do not report that they didn’t hear it correctly, their case is still at fault if they make an unlawful confession. If the officer fails to advise them of their rights, their rights are not necessary, and all charges from the prosecuting party are invalid. For example, if John Doe is in custody, they do not read out the Miranda Rights. They ask John about a certain crime of vandalism. Not knowing he has the right to remain silent, he gives a description of how he vandalized the area. He goes into court, with the prosecuting party having an advantage because John Doe admitted his crime. Luckily, he has a good attorney who points out that they did not read out his Miranda Rights to him. The judge realizes that his admission was unlawful, and so they take away all charges from the prosecutors. John Doe has admitted unlawfully to his crimes, and he walks out of the case without charges. If he had been informed of his rights, John could have remained silent, and let the prosecutors use that against him. These rights always help to ensure justice, along with having the people’s rights in