Answered step by step
Verified Expert Solution
Question
1 Approved Answer
how do I give a peer response to this text I think it is important to understand that during an arrest it is important to
how do I give a peer response to this text I think it is important to understand that during an arrest it is important to be advised of their Miranda Rights during initial arrest protocols. However, the individual held in custody shall be granted the right circumstances to waive their rights. When the rights are not declared, the rights cannot be waived. The requirement to give Miranda Warnings came from the Supreme Court decision Miranda v. Arizona, 384 US 486 (1966). In Miranda, the court held that a defendant cannot be questioned by the police in the context of custodial interrogation once the defendant is aware of, the right to remain silent, the right to consult with an attorney and have an attorney present, and the right to have an attorney appointed if indigent. (Cornell Law School, 2018) In the case of the in-custody component which can set off the protections of the Fifth Amendment. It is important to understand that remaining silent after the individual is read their Miranda Rights can help enhance the positive strength of the individual's case. In a later decision, the court held that the police didn't have to give the warnings as a verbatim recital of the words in the Miranda option itself, so as long as the words used "fully conveyed" to a defendant his/her rights. (Library of Congress, 2024)
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started