Reply to this discussion post:

Miranda rights are used and given when a person is in police custody and being interrogated. It is there to ensure that the person in custody/being interrogated knows their rights, for example things such as right to remain silent, right to an attorney, all this is done before statements are made from the person. In an article byCornell Law Schoolit states, "A "Miranda warning" refers to the warnings that a police officer is required to give to a detainee based onconstitutionalLinks to an external site.requirements."

As for the thought of when should a potential suspect waive his/her Miranda rights in the interest of making sure he/she can relate to their story prior to talking about it with an attorney it also says in an article by FINDLAW, "Law enforcement officers will not automatically assume a suspect in a criminal case plans to invoke their Fifth Amendment rights during police questioning. Nor will they assume that a suspect wishes to remain silent or wants an attorney. To gain the complete protection of Miranda rights, suspects must clearly invoke either theirright against self-incriminationLinks to an external site.or theirright to counselLinks to an external site.. If a suspect waives their Miranda rights, the police officers can continue their interrogation.Suspects can waive their constitutional rights to remain silent or to an attorney expressly or implicitly. An implied waiver means that the suspect behaves in a way that indicates a knowing and voluntary waiver of Miranda rights. A judge is more likely to determine that a defendant waived their rights if they gave an express waiver. If it isn't a valid waiver, the prosecutor won't be able to use any statements the suspect made due to theexclusionary ruleLinks to an external site.. The exclusionary rule requires evidence obtained in violation of the Fourth, Fifth, or Sixth Amendments to be suppressed." With this being said I feel as if with waiving Miranda a suspect can explain their story before speaking with a lawyer but can be risky due to the fact that anything they say can be used against them in court even if they want to later decide to invoke their rights.

I feel there are times where waiving Miranda if it's read to you can be in a suspects best interest only if they have a strong and reliable source or alibi that can prove their innocence within a situation. I also feel that if this is the case the suspect should have a great criminal defense attorney or at least have them as a guide throughout the process whereas they can help make certain calls on what is right or not within that situation.