Saturday, May 4, 2019
Roe v. Wade or Miranda v. Arizona Essay Example | Topics and Well Written Essays - 1000 words
Roe v. Wade or Miranda v. Arizona - Essay Example(Cross & Miller, 165).However, some statutory professionals were of the impression that Miranda had been denied his legal rights to remain rest and to have an attorney during the police interrogation. AUCL helped Miranda to initiate a xxxvi months legal battle on the issue and finally, the issue was posted before the Supreme Court. U.S.A.Before and during the Mirandas case, the accuse or the suspect had the constitutional rights to remain silence but the main question was when and how those privileges could be used. Whether the right to remain quiet or silent, which is being guaranteed under the Fifth Amendments which bar against self-incrimination be practiced either during the police interrogation at the pretrial stage or only during the direct stage of the case. Were admissions obtained from accused permissible in court if the accused was not reminded of his privilege to remain quiet and other legitimate privileges? (Cross & Mill er, 164).These questions were answered in the Miranda v. Arizona1, a milestone judgment by U.S Supreme Court which held that anyone accused of a crime had the privilege to remain silent. Thus, Supreme Court verdict is being referred as Miranda archetype that is being applicable every individual who is arrested in U.S.A. Further, Miranda case also unveiled the privileges of the defendant, especially in criminal cases. (Cross & Miller, 164).Fifth Amendment to U.S Constitution offers to safeguard against the self-accusation and a right to have a charge during police questioning of an accused is guaranteed by the Sixth Amendment. Under the Fifth Amendment, an individual cannot be coerce to swear against her or himself or to offer incriminating testimony that can be employed subsequent in a trial. The Sixth Amendment offers the constitutional right to engage a counsel during police questioning. (Cross & Miller, 165).The Miranda recipe demands that an accused or a witness while
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