Paper Topic:

Miranda v. Arizona

MIRANDA VS ARIZONA

2009

The Fifth Amendment of the United States Constitution states "no person shall be compelled in any criminal case to be a witness against himself (V Amendment U .S . Constitution . The Fifth Amendment provision created the basis of the Supreme Court 's decision in Miranda v . Arizona (1966 Under the adversarial system of justice practiced in America , a defendant may choose not to speak to interrogators and present evidence that may ultimately help establish the government 's case . The Fifth Amendment privilege against self-incrimination allows the accused suspect

to remain silent and be informed of his or her constitutional rights to silence and to an attorney when being interrogated by police in a custodial setting (Miranda v . Arizona . A criminal suspect regardless of whether charged in a federal or a state court , has no obligation to speak to interrogators and in doing so assist the prosecution in proving their case . However , police officers are usually well trained in prevailing over a suspect 's unwillingness to speak to police (Inbau et al , 2001 . Therefore , a number of landmark judicial decisions have been made that call for law enforcement officials to present criminal suspects under custodial interrogation with some legal guidance . This includes not only guidance on the right to remain silent but also on the right to an attorney , who in case of the suspect who is indigent would be provided by the state , free of charge (Miranda v Arizona . The administration of these warnings must be presented...

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