Protecting The Defendant With Miranda Rights

1168 words - 5 pages

To prevent police violence against criminals, it was necessary to protect the defendant. At the point of contact or arrest, police officers are required to recite the Miranda Rights. All people, guilty or not, retain their rights as a United States citizen. This impacted America, as the police were not allowed to coerce suspects for a confession (Thomas III, Leo). A person was not a criminal until he or she was convicted for his or her crime. The Miranda Rights altered the way interrogations were conducted. Before the Miranda ruling, the police was allowed to use violent measures to force a confession from the suspect. With the Miranda Rights intact, police forces were no longer allowed to use such influences ("Miranda Warnings and Police Questioning"). After the Miranda Rights were established, police arrest and interrogation changed. The Miranda warning required all police forces to disclose the suspect, before the interrogation, of his or her constitutional rights. Overall, the Miranda Rights protects the people's rights from being abused by the police during interrogation. Warren's Court ruling has affected all criminals put under arrest. The Miranda Right's influence could also be seen through the interrogation. It required that suspects voluntarily, knowingly, and intelligently waiver their rights to allow a confession to used as evidence during trial. (Thomas III, Leo). This gave the criminals the option if he or she wanted to talk to police officers or government officials. To prevent police violence against criminals, it was necessary to protect the defendant. Although this protects the suspect's rights, the Miranda Rights made it harder for the police to convict criminals. Pre-Miranda Rights era, the rate of confession reached a high of about 55 percent in Chicago (Cassell). Once the warning was established, the confession rate dropped dramatically. From a study done in 1996, Chicago’s confession rate dropped from about 55 percent to about 30 percent. Approximately 20 percent of the criminals arrested were protected by the Miranda Rights and were not convicted. (Cassell). Although suspects may have committed a crime, he or she is not necessarily charged because the Miranda Rights protects them at the time of arrest. Stemming from the Miranda Rights, the Exclusionary Act was introduced. Under this act, any evidence not acquired by legal means would not be able to be used in court ("Exclusionary Rule”). This rule is used to protect the defendant’s rights.The Exclusionary Act can only be used in cases where a police officers makes an unreasonable search or violates the suspect’s Miranda Rights. If the officer's actions violate the Miranda Rights, the defendant qualifies to use the Exclusionary Act. The Miranda Act allowed for criminals to retain their rights throughout integration and trial. Although it may not be useful to police forces trying to convict criminals, it is important to remember that the United States is governed by a set of...

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