The Miranda rights are more important for the officer. This lawsuit resulted due to the harsh labor conditions that officers were placed in during the late 1960's.
Officers had arrested a Vasquez Miranda. After his arrest they transported him to the police station and began to interrogate him. The interrogation lasted for almost 12 hrs. As a result the officers did not receive any meal breaks.
As part of the municipal courts ruling, officers must be allowed a 15 min break every four hours.
2007-02-26 23:48:13
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answer #1
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answered by John F 2
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It benefit's BOTH. But it does protect the defendant. (the one being charged) As he DOES have the right to remain silent. Anything he says CAN be used against him. He has the right to an Attorney, and if he cannot afford one One will be appointed to him by the court. NOW, this means that the Police MUST Have evidence to convict him. IF he exercises these rights. As NO evidence NO conviction. Now if he is question AFTER he says he wants to remain silent the state has just violated his rights and he walks. This all goes back to MIRANDA vs. ARIZONA. (The case that made the law)
2007-02-27 07:53:59
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answer #2
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answered by GRUMPY 7
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Hola!
Some Background: The Miranda admonishment came about in an ARIZONA case in which a guy named Miranda was busted. Miranda makes statements to the Police and is convicted; the ruling comes down that Miranda's statements could Not be used against him and therefore his case findings of guilt were reversed and he was set free.
The law was then created known as "Miranda rights"; ie you have the right to remain silent...yada yada...
What comes around Goes around...Years later Miranda was murdered by a guy in Arizona, and you guessed it, the suspect who killed Miranda was brought in by Police for questioning and upon being given his "Miranda rights" he elected to remain SILENT...:)~~
Miranda rights are a topic of police common sense. Most cops I ever worked with were so-so, some were actually intelligent while many were , not so. Most cops I knew failed to ever "get Miranda"; for some reason they felt each time you spoke with a suspect you needed to advise them of thier Miranda rights; not true at all.
Miranda admonishments are only required by law when the suspect is In Custody or in "Percieved custody"; ok, so you have him at the station, that is "custody and percieved custody at the same time, Mirandize him; standing on a sidewalk, talk to him, Never mention Miranda; on the phone with him, never mention Miranda, anything said is admisable in court...anything. THree cops standing in an alley with a suspect, late at night, suspect can argue he felt he was not free to walk away, MIRANDA counts, Mirandize him or have two of the three cops back off a distance...be smart...
Suspect making "spontanious statement" just talking, admiting he did this or that....say nothing, let him talk, make no mention of Miranda....anything said is admisable in court.
Yes, I have seen cops stop a suspect from making spontanious statements, shut them up and we never make the case against them, ....happens, some cops are pretty dumb...
And to answer your question, Miranda hurt Miranda himself, so how can it help the people of this country by giving legal advice to a dirtbag? Let him talk as he may have information indicating he is NOT GUILTY; or, GUILTY...Let him talk...
2007-02-27 17:51:49
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answer #3
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answered by Adonai 5
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The benefit is to the person accused of a crime. Miranda rights ensure that the suspect is aware of their right to an attorney prior to questioning and that anything they say can & will be used against them in court.
2007-02-27 07:46:28
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answer #4
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answered by kja63 7
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much ado about nothing. this happens nationally 82% of the time and is the main reason for plea bargains. Miranda means being informed of you right not to talk to the police......and boom, 82% of the time you are running your mouth and admitting the crime . here is a free tip. asserting your 5th amendment right does not make you look guilty. being arrested they are already certain you did it. SHUT THE F_UCK UP
2007-02-27 09:10:31
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answer #5
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answered by Anonymous
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