Based on the Miranda warning that evolved from the Supreme Court case Miranda v. Arizona, what rights is a person entitled to when she is arrested? Give examples of what must happen when a person is accused of a crime and why these rights are necessary.
When a person is arrested, they are entitled to certain rights based on the Miranda warning that evolved from the Supreme Court case Miranda v. Arizona. These rights include:
1. The right to remain silent: A person has the right to refuse to answer any questions posed by law enforcement or investigators. This is to prevent individuals from incriminating themselves or providing potentially false or coerced information.
Example: If a person is arrested for a murder, they have the right to remain silent when questioned about their involvement. This ensures that they do not unintentionally say something that may be used against them in court.
2. The right to an attorney: A person has the right to have an attorney present during any police questioning or interrogation. If a person cannot afford an attorney, one will be provided for them.
Example: If a person is arrested for robbery, they have the right to request an attorney be present during any questioning by the police. This guarantees that they have legal representation and protects them from potential violations or abuses during the interrogation process.
3. The right to be informed about the consequences of waiving their rights: A person must be informed that anything they say can be used against them in court, and that if they waive their rights to remain silent or have an attorney present, those waivers are voluntary and can impact their defense.
Example: When a person is arrested for drug possession, they must be made aware that any statements they make about the drugs found can be used as evidence against them. This ensures individuals are fully aware of the potential consequences of their choices when it comes to speaking with law enforcement.
These rights are necessary to safeguard an individual's Fifth Amendment privilege against self-incrimination and Sixth Amendment right to legal counsel. They provide protection against coercive or manipulative behavior by law enforcement, ensure fair legal processes, and enable defendants to make informed decisions regarding their defense strategy.