Tuesday, September 10, 2019

Miranda Warnings Essay Example | Topics and Well Written Essays - 750 words

Miranda Warnings - Essay Example (Means 2007:73) If this warning would have been read at the scene, you would have realized that the boy could not speak English. You still could have taken the boy into custody, but refrain from asking questions. If you recognized the language, a radio transmission to downtown would have allowed for a translator to be on hand upon your arrival. This suspect must voluntarily waive their Miranda rights before questioning can proceed and understand them (Miranda v. Arizona). The ability to voluntarily waive Miranda rights orally and in writing must be done with understanding. If a person does not understand their right to an attorney without charge, that violates their Miranda rights. Even if they are not confessing or talking, the person needs to understand their right to an attorney due to the third Miranda right. Thus before this suspect, which you state was arrested, can be booked they must be read their rights. If the boy is underage, which was not established due to the language, a good faith effort to find a parent or guardian must take place. When the family member arrives at the police station, an effort to find the parent or guardian must be completed. The family relative can provide the age of the defendant. Even if the boy is underage, the Miranda rights must be given and understood. Ferdico, Fradella, and Totten (2008:724) reports that a suspect must understand and waive their rights. The guardian/relative and boy must understand that a lawyer will be provided for free. The third Miranda right give suspects the right to a lawyer even if poor. The reason a parent/guardian of a suspect needs to know this right is to protect the suspect. If a parent/guardian thinks that they will have to pay for an attorney, they might counsel the boy to talk to avoid paying for counsel. That could be ammunition for a good defense attorney. The boy must understand that an attorney will not burden his family. That is his third

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