do you really think you have rights when u get aressted,it sounds nice but untill you have a lawyer present its a joke.
2007-04-30 09:24:44
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answer #1
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answered by Anonymous
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You've chosen a side of which is difficult to defend. I would certainly be more comfortable, myself, on the other side! So, to assist you with your question, I offer the following:
Miranda is not exactly the perfect "law" but is the best our system has to offer based upon our constitution.
As you do your research, you will understand that even if a suspect is advised of Miranda, there is still the issue of "voluntariness" of the "confession."
So, is Miranda perfect...no!
On your side, there are so many "cop shows" on television today, I seriously doubt there is anybody that wouldn't know that they have a 5th Amendment right against "self incrimination."
Miranda has become a vehicle inviting routine efforts to exclude voluntary confessions. Criminal justice is reduced to a game in which the incantation of magic words offers little, if any, advantage to the innocent but serves instead to give the guilty a sporting chance of going free.
Thirty-three years after its passage into law, from generation to generation, the Miranda Rights are still a source of controversy. On the one hand, it seems to be the perfect means of protection for an offender, and seems to be of no benefit to anyone but a criminal. When someone is read his rights, it is a pretty safe assumption that he is under arrest and in police custody. The cases that have needed interpretation are those where there is a suspicion, but not enough evidence, or no evidence at all to enable a jurisdiction to make an arrest. Further questioning may produce results, but the amount and manner of this questioning, for the most part, is not quantified.
Understanding your question is for debate purposes...I hope the above helps!
Best wishes.
2007-04-30 16:43:02
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answer #2
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answered by KC V ™ 7
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Look up the original Supreme Court case. Miranda v. Arizona and look for the lawyers argument against it.
The site link is down below.
The second link is the Judges who voted AGAINST the Miranda law'a argument. That should be perfect for you.
2007-04-30 16:09:44
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answer #3
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answered by KEVIN 3
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There really is no argument. They inform you of your rights under the 5th Amendment. They also inform you of your right to have an attorney, whether it's your own or a court appointed representative.
2007-04-30 16:08:11
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answer #4
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answered by Anonymous
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