proven guilty, are no different than any other criminals, and have the Fifth and Sixth Amendments backing them up, they should be guaranteed the rights enumerated in the Miranda warnings.
Innocent until proven guilty is the phrase that is used to describe someone who has not been found guilty of a crime, such as a suspect, who must await trails until that decision can be made. Terrorist suspects are in the same boat as robbery suspects in that they have yet to be found to be completely guilty. Many people who are suspects often end up not being guilty of the crime for which they are being accused. As every suspect is considered to be innocent until they are proven guilty, they should be entitled to the rights that are drawn out in the Miranda warning. A suspected terrorist is as innocent as any suspected criminal until decided otherwise before a court.
Terrorist suspects are just like any other criminal suspects. They have committed a crime, they have done something wrong against another person, organization, or something larger, such as the United States, and they have been caught. Someone who is suspected of terrorist activity should get the same treatment and rights as a person who is suspected of robbing a store or murdering a family member. Indeed, it seems that people who have committed a heinous crime such as murder or rape are entitled to more rights than someone who is suspected of engaging in terrorist activity. In reality, there is no difference between the different types of criminals. If one criminal is entitled to the laws that are displayed in the Miranda warnings, than those that are accused of terrorist activity should get the same benefits.
As was the case in Miranda versus Arizona, the U.S. Supreme Court case that birthed the Miranda rights (Sonneborn, 2003), the criminal suspects that are denied their Miranda rights are essentially denied their Fifth and Sixth Amendment rights. The Fifth Amendment protects criminals from abuse of government ...
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(“Miranda Rights Essay Example | Topics and Well Written Essays - 500 words”, n.d.)
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(Miranda Rights Essay Example | Topics and Well Written Essays - 500 Words)
“Miranda Rights Essay Example | Topics and Well Written Essays - 500 Words”, n.d. https://studentshare.net/miscellaneous/399875-miranda-rights.
In the United States, this need was recognized through looking at English common law, based on the Magna Carta, which set forth the rights of individual citizens as against the King. In this common law tradition, the United States further elaborated on the Constitution to institute Miranda Rights to make sure the Fifth Amendment is practiced in reality and law enforcement does not abuse or manipulate its suspects to serve its own ends.
We know we have the right to remain silent and have a right to an attorney. Yet, the Miranda decision was far more reaching than the few principles that are read from a card. It reaches back into history to establish a precedent and presents ongoing dilemmas as it faces new challenges for the courts and law enforcement.
They are only to given, when any information regarding certain crime are need to be obtained. The Miranda warnings are as follows:
"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney.
While I am far from happy with the fact that a cold-blooded murderer could walk free because he was not advised of his Miranda rights, I maintain that they are in place for a very good reason, and that the interrogation techniques of police officers need to be worked on if too many cases are being thrown out for Miranda violations.
Just one of the definitions of rights according to law.com is as follows, "plural of right, which is the collection of entitlements which a person may have and which are protected by the government and the courts or under an agreement (contract)," (Law.com, p.1).
The facts of the case were that the plaintiff, Ernest Miranda, was suspected of rape and robbery. These crimes had taken place ten days prior to his arrest. The police went to his home and asked him to accompany them to the police station for inquiry. Miranda was unsure, as to whether he could refuse to accompany them.
on, made without any assurance of protection or threats and “with complete familiarity of his legal privileges, including any declaration which he made might be employed against him. Later, Miranda’s admission was allowed into testimony at the trial, and he was sentenced
4. If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand? Knowing and understanding your rights as I have explained them to you, are you willing to
in the sense that they sustain the democratic fabric of the American society by striking a balance between police jurisdiction and the right of a suspect to protect oneself. However, terrorists simply cannot be extended the Miranda Rights because these are the people who aspire