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The Miranda Rights

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Leila Kashani

on 12 September 2013

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Transcript of The Miranda Rights

How are the Miranda Rights
used today? Required to 'Mirandize' a suspect only if he/she will be interrogated

Arrest can be made without Miranda Rights warning
Rights must be stated if suspect is later

Suspect does not have
to be Mirandized when
public is endangered What are the Miranda Rights? Miranda Rights must be stated clearly to a suspect at the time of arrest
If suspect does not speak English, must be translated

Suspect can wish to remain silent or request an attorney
Private talk with attorney
Attorney must be present for interrogations

Confessions before Miranda Rights are stated
can be used against the suspect
in court

If suspect waives rights, he/she
can later change their mind Darian Pierce and Ricky Wedgeworth are accused of a kidnapping that resulted in death
Captured by police on March 14 and escorted to hospital

In hospital, Pierce tells a nurse the crime he and Wedgeworth committed

Pierce's lawyer argued that Pierce was not told his rights Berghuis v. Thompkins Van Chester Thompkins was accused of murder
Fled from scene

Caught and interrogated for 3 hours by officers
Did not specify that he wanted to remain silent

Officer asked “Do you pray to God to forgive you for shooting that boy down?”
Replied "Yes"

At court, tried to argue that answers were invalid

Court believes Thompkins did not specifically state that he wanted to remain silent
Therefore he did not invoke his rights
Confession could be used against him Howes vs. Fields Randall L. Fields, a prisoner in the Michigan State Prison, was questioned for 5-7 hours about alleged crime

Was not read his Miranda Rights
Was not told that he did not have to speak with officers

Multiple times during interview, stated that he did not want to continue talking

Finally confessed and Supreme Court denied his proposal to "suppress his confession" By Leila Kashani The Miranda Rights Miranda vs. Arizona Ernesto Miranda was arrested with kidnapping and raping a girl

Interrogation lasted 2 hours
Confessed and confession was used against him

Lawyer argued that he was not
told his rights Video Stop at 0:24 Summary Of Points Must be understood by individual

Must be told to a suspect who will be interrogated
Unless public is endangered

Article challenges when Miranda Rights should be said

Supreme Court cases shows the use of Miranda Rights throughout time Read more at http://www.sfgate.com/default/article/Inmates-to-plead-guilty-in-alleged-11-crime-spree-4266571.php Use of Miranda Rights in
Supreme Court Cases Berghuis v. Thompkins
Challenges invoking vs. waiving one's Miranda Rights Howes vs. Fields and Miranda vs. Arizona
Challenges the consequences of Miranda Rights not being stated to suspect Future Supreme Court Case Miranda Rights read to a drunk suspect who does not fully comprehend them
Despite this, questioned suspect, who confessed

Confession used against him in court

Lawyer argues that he or she did not understand Miranda Rights
Must be tried for other evidence Lawyer: Suppress statements in kidnapping death (cont.)
Are not penalized for death penalty but are charged with "kidnapping resulting in death, carjacking, conspiracy and transporting a stolen vehicle."

Monday was change of plea hearing
Can 'plead guilty' or make bargain with judge

Since Police were going to interrogate Pierce:
Were mandated to relay his rights
Since they did not, Pierce is not at fault

I believed that Pierce must be tried for facts from case other than confession “You have the right to remain silent. Anything you say can be held against you in a court of law. You have the right to a lawyer and to have the lawyer present before and during questioning. If you cannot afford to hire a lawyer, one will be appointed to represent you before and during questioning if you wish one. Do you understand each of these rights I have explained to you? Having these rights in mind, do you wish to talk or not talk to us now?” Lawyer: Suppress statements in kidnapping death
Full transcript