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xavierjd, Lawyer
Category: Criminal Law
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Experience:  Over 20 yrs experience in prosecution and defense work
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Miranda warnings ensure that individuals detained or questioned

Customer Question

Miranda warnings ensure that individuals detained or questioned by police are aware of their rights. These warnings generally read, “You have the right to remain silent, anything you say can be used against you in a court of law, you have a right to the presence of an attorney, and if you cannot afford an attorney, one will be appointed for you.”
? Resource: Appendix I
? Due Date: Day 7 [Individual] forum
? Review the fact pattern on Appendix I.
? Write a 700- to 1050-word essay addressing the following:
o When should the Miranda warnings be given and why?
o How might this situation not require Miranda warnings?
o Explain your reasoning.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  xavierjd replied 6 years ago.

Thank you for using


In order for me to better assist you, please provide the following information:


Is your essay for a class? If so, which one? Is this for high school, college or other school?


I may be able to guide you, provide information, and lead you to resources, but I cannot ethically write your essay for you.


If you wish for me to assist, please provide the following information. If not, I will voluntarily opt out of this question so that another expert may help you.


Thank You.

Customer: replied 6 years ago.
Sorry, I wasn't asking you to write it for me. Any information that you can give me in regards XXXXX XXXXX questions would be very helpfull. Thanks and sorry about the confusion. This is an essay for college-Criminal procedures!
Expert:  xavierjd replied 6 years ago.

When in doubt, go to the source! Miranda v Arizona. Paste and copy the website below into your browser. - 12k


It lays out the Supreme Court's holding (decision) very well right on the first couple of pages. You should be able to answer the questions pretty easily from there.


If you click on the purple box above the holding of the case that says "opinion" you can read the opinion of Justice Warren, who wrote the majority decision. It is also important to read the "dissent." Those usually lay out the scenario that goes against what the majority decided. Those may help you with your questions.


I'm not trying to be curt with my answer, but you may be able to use that resource to write your entire essay.


A person must be IN CUSTODY AND BE INTERROGATED before Miranda rights apply. If one is missing, no miranda must be given.



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