Answer to Question #172245 in History for william

Question #172245

Suppose you were arrested s a suspect in a crime. The arresting officers rush you to a tiny room where they question your for 12 hours without a stop. Then, too weary too protest, you sign a confession. How would the Court's Miranda decision protect you in such a situation?


1
Expert's answer
2021-04-06T08:36:26-0400

The Miranda Warning is all about questioning and being protected from self-incrimination under the Fifth Amendment, not being arrested.

Miranda warnings inform people of their constitutional rights to remain silent and to have a lawyer present during police questioning. Police read Miranda rights after detaining someone but before beginning an interrogation

The confession cannot be used as evidence because the police had not informed me of my rights to remain silent and have an attorney present during interrogation. Even though no evidence suggested that the police used harsh interrogation methods, the Court emphasizes that any confession must be truly the product of free choice.

Once questioning begins, if the police fail to advise a person of their Miranda rights, the person’s statements cannot be used at trial. Failure to give a Miranda warning doesn't mean all charges will be dropped. Instead, the prosecution cannot use evidence obtained in violation of the Miranda rule at trial to prove the person’s guilt.


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