The Importance Of The Miranda Rights

In 1966, the Miranda Rights were established, and the police interrogation and trialing system were changed forever. Following the case of Miranda v Arizona, in which Ernesto Miranda, who was arrested on the charges of robbery, kidnapping and rape, confessed during the interrogation period, but only due to alleged intimidation tactics used by police forces. While the trial was thrown out and retried, convicting Miranda rightfully of the charges for which he confessed, the change to read out the rights each person has while being arrested gives the detainee more rights and leverage against possible police interrogation. The results of the Escobedo v Illinois trial added to the Miranda Rights change by giving them freedom to counsel being …show more content…
If the United States abolished the Miranda Rights, a web of full of problems would be created for the United States because people who are not knowledgeable of what rights they have under interrogation would have a claim to freedom from a case they may have been charged guilty had the United States not abolished the Miranda Rights. As was the case of Miranda v Arizona, police may continue to abuse the interrogation system as they allegedly had before and cause the case to be thrown out. Even if people may believe that the Miranda Rights are universal knowledge, the recitation of rights to a person upon arrest gives protection to the fairness of the case because if the defendant confesses to their crime, a claim of lack of knowledge regarding their rights will no longer be usable. If the United States abolished the Miranda Rights, not only would there be more excuses regarding whether or not the defendants know their rights, but there would also be those who do not know their rights and would create many problems for the judicial system. Because having the Miranda Rights be a present factor in the court system does no harm as it is only reading the rights a person has to them upon arrest, they should remain present unless the United States would want more problems on their …show more content…
An example would be the case of a Kentucky student who was the owner of an empty prescription bottle found in the bathroom. The matter was taken care of by the assistant principal, who had invited a school officer into the meeting with the student. Because of the conflicting presence of school authority and governmental authority, there was confusion as to whether the student was held in custody or not and whether or not he should have had the Miranda Rights recited to him. The argument was that the student did not have to be read his Miranda Rights because only school authority was concerned; however, he was later tried for illegal dispensing of a controlled substance and sentenced to a brief period in jail. The matter certainly raises issues over whether or not the Miranda Rights should be recited as the main problem was eliminating an immediate threat in a school setting; however, this situation does not present an argument against the Miranda Rights. If the student was in danger of more severe jail time rather than the forty-five days he received, the Miranda Rights should have been recited as it usually is for those suspect of illegal