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Miranda Rights: What Happens If the Police Don’t Read You Your Rights

It’s common to be shocked while getting arrested, but you must have a backup plan. The best approach is to be aware of all your rights.

Under the Fifth Amendment, every individual has the right to remain silent. This law exists to safeguard you from making any statement under pressure. The officers can’t force you to reveal any information if you don’t want to. Miranda Rights are constitutional principles that apply to both penalty and arbitrary arrest.

Under the Fifth Amendment, you also have the choice of not being placed in double jeopardy. This means a defendant can’t be accused of the same offense more than once. Nonetheless, there are some exceptional cases. The defendant can be prosecuted in two distinct types of trials for the same crime.

 

Take a look at this guide to learn about the concept of Miranda rights:

Understanding The Concept Of Miranda Rights

The Miranda judgment dates back to March 1963, when a young Phoenix girl informed authorities she had been kidnapped, transported to the wilderness, and sexually assaulted.

As the law enforcement team started looking for the rapist, they found a clue about the car’s number plate. However, monitoring the registration number of a vehicle that looked similar to the suspect’s led authorities to Ernesto Miranda, a man known for his peeping tom behavior.

The police took Ernesto into custody without any proof and later imprisoned him. After a couple of years, the US government introduced Miranda Rights in 1966. This law helps people to know their rights while held in custody.

Understand The Importance Of Miranda Rights

It is worth noting that law enforcement agencies are only obliged to Mirandize defendants if they plan to question them. Indictments can take place without the Miranda Statement. If community safety is a concern, inquiries may be answered without Mirandizing the accused, and any data collected can be deployed against the accused.

The detainee should still answer inquiries about their identification, profession, location, etc.  Without a Miranda notice, what the accused person states in reply to police interrogation cannot be used as testimony at the court hearing.

In conclusion, every individual must know about their rights to tackle any legal matters.

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