Miranda Rights Still Silent When Being Interrogated By Law Enforcement

Chapter 4 of the book We the People talks about Civil Liberties, this chapter mainly talks about the Rights that were placed in the Constitution (not in the Bill of Rights), it also talks about the Bill of Rights and it describes the rights protected by the Bill of Rights. It also talks about specific rights that work close together with the Bill of Rights and Amendments rights. One of the first Amendments that is described in great detail is Freedom of Speech and Religion. The first Amendment protects US citizens right to talk about almost any topic in the United States. I said almost any topic because there are some forms of speech that aren’t protected by the First Amendment (these forms of speech can be limited or prohibited), some of the forms of speech that aren’t protected by the First Amendment are Fighting Words and Hate Speech, Student Speech, Libel and Slander speech. These forms of speech aren’t protected by the First Amendment because they can help to incite people

The criminal justice system has a set of rules it follows when arresting, interrogating, and placing the accused on trial. These rules are known as procedural rights. Procedural rights are the rights of the accused/defendant, when going through the criminal justice system. They are the first ten amendments of the United States Constitution (Bohm, 2018). Also, known as the Bill of Rights. Four of the ten amendments are found in criminal justice proceedings. These are the fourth, fifth, sixth, and eighth amendments (Bohm, 2018).

The creation of the United States and the colonies that came before, brought about many legal traditions and precedents. Among these legal traditions and precedents, is an essential precedent present in all interrogation related proceedings and court ones—the Miranda warning. When an individual is detained, they may be subjected to an interrogation by designated officials. During an interrogation certain rights are guaranteed to an individual through the provision of the Bill of Rights to prevent self-incrimination and the historical precedent established before it. However, in certain situations, these rights were not always guaranteed as they should’ve been. The Miranda warning was established to fully complete the legal promise of self-incrimination

When people are suspects under the law, they are entitled to their Miranda rights. A persons Miranda rights entitle them to remain silent, have an attorney present, have an attorney appointed to them if they cannot afford one, and that person is questioned if they understand those rights. It seems that a whopping 80% of suspects waive their Miranda rights. There are no exact reasons, only speculations as to why people waive that right. One that I will focus on is “Why do I need an attorney, if I did not do anything wrong?”

Throughout the course of America's History, there have been decisions in law that have defined the America as a country, that have reinvented laws for better or for worse, and have affected the lives of millions. Some of these impactful decisions fell under the jurisdiction of the Supreme Court like Marbury v. Madison, Dred Scott v. Sandford, and Plessy v. Ferguson. Of course without the judgment of the Supreme Court Justices, none of the decisions could have been made. Earl Warren was a Supreme Court Justice who served from 1953 to 1969. During this period Earl Warren was truly able to leave a lasting impression on America’s history by helping decide court cases that were extremely important to the lives of millions in America then and now.

Technology seems to come hand in hand with modernity. It has made most tasks that used to take days to complete much easier. Technology has also improved the channels of communication. The invention of the modern day smart cellphone coupled with social media networking has allowed mankind to be in constant contact with one another from across the globe. However, despite these vast improvements, technology has also come with a lot of risks especially regarding personal information.

A public school cannot suspend a student with no notice or hearing because it infringes on his or her rights. The specific amendments broken by the public school officials are primarily the fifth and sixth. Public schools are not allowed to take away rights and liberties given to the American people. The suspended student was denied his rights to due process and his right to formal informant of crime committed.

Furthermore, those being accused of committing a crime thanks to the Bill of Rights they have human protection throughout the process. As it states in (Gerland, 2009), “By 1791, the states had ratified 10 of these amendments, which became known as the Bill of Rights (p.36)”. When the Amendments came about there were 12 at first, then as it states it was ratified to be 10. Out of those 10 Amendments of the Constitutional Rights, the 6th Amendment is what this

In America it is understood that everyone has certain rights at birth that are God given and cannot be taken away by man. The first ten amendments to the constitution, the bill of rights, is a list of these rights. The fifth amendment of the Constitution in the bill of rights states “No person shall be held to answer for a capital, or otherwise infamous, crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be put in jeopardy of life and limb; nor shall be compelled, in any criminal case, to be a witness against himself; nor shall

The fifth amendment to the United States constitution should remain just as it is, meaning that no person should be forced to provide incriminating evidence against themselves. And to do so would go against the natural law of self preservation. But by not compelling a person to provide evidence against themselves offers one relief from perjury in order to preserve themselves.

The Supreme Court settles yet another argument; this time, it is MuCulloch v. Maryland. The end decision helped broaden the roles of the federal government, but not necessarily supplied the government with more power. It also shows that activities that fall into the federal category are taken care of seriously and with a reason.

The Fifth Amendment is important mainly because it protects us from having our rights violated by the government. In

Civil liberties are rights guaranteed to citizens in the Constitution that the government cannot interfere with, however, in the name of national security, they do. The government sometimes finds it necessary for Americans to give up some of their basic rights to keep the nation protected, but many people find this unnecessary. A law-abiding citizen’s extremely personal information should not be essential to finding terroristic threats within this society. Under no circumstances should an American citizen’s civil liberties be violated in a time of war or crisis, because those are assured rights that are most valuable to their freedom during national conflicts.

On March 2, 1963, Ernesto Miranda was arrested from his home in Phoenix, Arizona in regards to a rape and kidnapping. After a two hour interrogation, the police had finally gained a confession from Ernesto. The problem arose when the police officers said they had not advised Miranda of his right to an attorney. Miranda’s lawyer was concerned that his Sixth Amendment Right had been violated. This case was noticed by the ACLU and was taken to the Supreme Court. This case raised issues within the Supreme Court on the rights of Criminal Defendants.

HAVE YOU EVER BEEN ARRESTED BEFORE? It’s never something easy to go through. With the whole stopping everything you doing, and then taking time out of your day to go down to the station to be interrogated. Wait. I’m missing something there. Oh yeah your Miranda rights. These are rights given to you; the free people of the United States, declaring by the Fifth Amendment that while you are being detained by a police officer they have to read your rights to you which is… You have the right to remain silence. Anything you say can and will be used against you in the court of law. You have the right to an attorney and have the right to have one during interrogation. If you cannot afford one, one will be provided to you by the government expense. Then they will ask you do you understand these rights. Those are your Miranda rights, but let’s talk about how all three branches of government enforce and set these rights.