Miranda Rights, What Are They?

” A Pale Green Mermaid Blog “

All rights ( protections for citizens against corruption in its many forms)  take years decades even centuries to achieve, to have written into a law that is accepted and used.

When Rights given to citizens are canceled or removed for some reason we need to think about the  longterm consequences of that action.

 From http://www.wikipedia.org below,

The Miranda warning is part of a preventive criminal procedure rule that law enforcement is required to administer to protect an individual who is in custody and subject to direct questioning or its functional equivalent from a violation of his or her Fifth Amendment right against compelled self-incrimination. In Miranda v. Arizona, the Supreme Court held that the admission of an elicited incriminating statement by a suspect not informed of these rights violates the Fifth and the Sixth Amendment right to counsel.[

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The Supreme Court did not specify the exact wording to use when informing a suspect of his/her rights. However, the Court did create a set of guidelines that must be followed. The ruling states:

The person in custody must, prior to interrogation, be clearly informed that he/she has the right to remain silent, and that anything the person says will be used against that person in court; the person must be clearly informed that he/she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he/she is indigent, an attorney will be provided at no cost to represent him/her.
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Every U.S. jurisdiction has its own regulations regarding what, precisely, must be said to a person arrested or placed in a custodial situation. The typical warning states:[3]

  • You have the right to remain silent.
  • Anything you say or do may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning, if you wish.
  • If you decide to answer any questions now, without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
  • Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

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To me, miranda rights are a check and balance, an extension of a long system of checks and balances that the founding fathers used to make sure that the truth is allowed to come forth out of our systems of lawmaking and justice.

Do some research on your own and think about the constitution and the protections that it offers.

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UPDATE – Many libraries have copies offered free by your representative in congress also you can contact your representative and ask that a copy be sent to you.

Here is a little known story –

(FYI  -Thomas Jefferson drafted the Declaration in committee with John Adams (and Benjamin Franklin).

While drafting the constitution George Washington stopped by with his favorite drink madeira and they – Tom, John, Ben and George, all took a break on the porch of the state house in Philadelphia whilst discussing how future generations would expand and enjoy the rights they were  compiling into the document. They even toasted future generations and wished them luck…..

Well, maybe it is a tall tale – but the constitution is the map of how this country is run and reading and reflecting on it makes anyone realize what a treasure it is.

Senator Robert Byrd with his copy of the U.S. Constitution.

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The Constitution was written in Philadelphia State House (not Delaware) between May and September of 1787. Signing did occur on September 17.

For more info see http://www.wiki.answer.com ,

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http://www.usconstitution.net

http://www.usconstitution.com

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