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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: 5 years ago.
Category: Criminal Law
Expert:  xavierjd replied 5 years ago.

Thank you for using JustAnswer.com

 

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 5 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 5 years ago.

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

 

www.law.cornell.edu/supct-cgi/get-us-cite?384+436 - 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.

 

 

I hope that you find this information useful, and that you press the GREEN ACCEPT button so that I may receive credit for answering your question. Positive feedback, although not required is always appreciated. Also, a BONUS is also not required but is greatly appreciated.

Legal Disclaimer: The answer provided herein is for informational purposes only and should not be considered legal advice. The information, research and opinions set forth above are limited to the facts presented in the question and no guarantee is made regarding the adequacy or accuracy of the answer. The answer provided does not infer or imply the establishment or acceptance of any attorney-client relationship. No claim is made that I am licensed to practice law in the state or jurisdiction where this information is being provided and you should always seek legal counsel admitted to practice in your local jurisdiction for representation and advice on any legal matter.

 

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