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Explain why no Miranda warnings are required prior to covert custodial interrogation (that is, custodial interrogation by a police officer or agent whom the suspect
Explain why no Miranda warnings are required prior to covert custodial interrogation (that is, custodial interrogation by a police officer or agent whom the suspect does not know is a police officer or agent).?
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Miranda warnings are a requirement established by the US Supreme Court in Miranda v Arizona 1966 ensuring that individuals in custody are aware of their constitutional rights including the right to remain silent and the right to legal counsel However these warnings are not required prior to covert custodial interrogation where a suspect is interrogated by an undercover police officer or agent whom they do not know is law enforcement There are several reasons for this 1 Purpose of Miranda Warnings Miranda warnings are intended to safeguard an individuals Fifth Amendment rights against selfincrimination and their Sixth Amendment right to counsel These rights are aimed at protecting individuals during interactions with law enforcement In a covert custodial interrogation scenario the suspect is not aware they are interacting with law enforcement thus the need for Miranda warnings to safeguard those rights is not recognized 2 Voluntariness of Statements Miranda warnings are required to ensure that any statements made by a suspect during custodial interrogation are voluntary and not coerced However in covert custodial interrogation the suspect is not aware they are in custody or being interrogated by law enforcement Therefore any statements made by the suspect are presumed to be voluntary because they are unaware of the ...
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Business Law The Ethical Global and E-Commerce Environment
Authors: Jane Mallor, James Barnes, Thomas Bowers, Arlen Langvardt
15th edition
978-0073524986, 73524980, 978-0071317658
