Tuesday, July 16, 2013

Miranda Rights

  • Can you re-approach someone after they have asked for an attorney during questioning?
Yes, because even with an attorney present, they suspect can still be questioned.
  • Can you continue to ask questions of a suspect if they say they don’t want to talk?
Yes.  These questions can then go in your statement as questions that were imposed, but left unanswered, that way there is no question of your judgement.
  • What would be an exception to when Miranda would not have to be read?
Any case that involves an impending death, or a missing person that could be left for dead.  Also DWI's.
  • Does a police officer need to read Miranda to a suspect immediately?  What is the benefit of waiting or doing it immediately.
While the officer does not need to read the rights immediately, the benefit of doing it immediately is that the suspect knows right away what has happened and what is to be expected.  It can also be beneficial to wait because then the police officer can determine what has happened and protect himself or herself from the liability of the defense attorney.
  • If a suspect  says “I don’t want to talk to you, but I will.”  Is that a waiver of Miranda?  Would a confession be admissible in court?
I believe that this would be a waiver of Miranda rights because the suspect is clearly saying, I understand that I don't have to talk to you, nor do I want to, but I will anyways.  A confession under this case could hold up in court because even if they didn't want to say it, they said it.  The spoken word is still there and evident.
  • What Constitutional Amendments guarantee a suspect his rights? 
The first amendment, freedom of speech, and the fifth amendment, which deals with each person's personal rights.
  • Do you think that Miranda should still be read since most people are aware of the rights provided in Miranda
Yes, i believe that although most people are aware of their rights, they still should be used and verbally stated at an arrest or interrogation/interview, for multiple reasons.  One would be to make sure the police officer is covered, as a defense attorney can easily use the fact that the rights were not read to their client, and another reason would be the case of immigrants- they may not know their rights or fully understand them.  Also, while we all have heard of our rights, at the time being, we may forget a part of them and need a refresher.

No comments:

Post a Comment