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  • Essay / The Pros and Cons of Miranda vs. Arizona - 716

    Miranda rights are the rights that every suspect has. A judicial officer is required to make these rights known to the suspect. These are the rights you hear on every crime and cop show across the country: "You have the right to remain silent, anything you say can be used against you, you have the right to consult a lawyer , if you can't do it. get yourself a lawyer, we will appoint one for you. Once the suspect acknowledges that he understands his rights, the arrest, interrogation and investigation can continue. These are freedoms that were granted to alleged criminals in the case of Miranda v. Arizona. However, each rule also has exceptions such as: Maryland v. Shatzer, Florida v. Powell, and Berghuis v. Thompkins. Miranda v. Arizona was a 1966 United States Supreme Court case. The court "held that a criminal suspect must make a conscious, intelligent, and voluntary decision to waive certain constitutional rights before being questioned" (Ortmeier , 2005, 285). The ruling means suspects must be aware of their right to remain silent and that if they choose to speak to police, that conversation could be used against them in court. If they decide to speak to the police, it should not be done under false promises. Three of these exceptions are:• Maryland v. Shatzer – “In Maryland v. Shatzer, the Court created a burglary exception in Edwards v. Arizona, ruling that a defendant released for a period of at least fourteen days loses the protection Edwards affords to suspects who invoke the right to counsel.37 The Shatzer Court also ruled that a prisoner "subject to a set of basic restraints imposed pursuant to a prior conviction "is not in custody for Miranda purposes" (Kinports,