Judicial Process Miranda V. Arizona Essay

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Another example of an exception to the Miranda Rule concerns surreptitious questioning as in the case of Illinois v. Perkins (1990) (2003). In this case it was decided that a criminal suspect's 5th Amendment rights are not being violated if a suspect is speaking with an undercover police officer and incriminating information is given to the undercover police (2003). Essentially speaking, Miranda Rights are not necessary when a criminal suspect is not aware that he or she is talking to a law enforcement officer (2003).

These five exceptions help to erode the Miranda Ruling in several different ways. First of all, the Miranda Rules were created to protect people -- essentially from themselves. In Moran v. Burbine, the exception is harmful because if a person waives his right to a lawyer but then receives counsel that he should remain silent, law enforcement has a duty to uphold this individual's civil rights.

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Not telling him about the advice is unfair. In Pennsylvania v. Muniz, just because booking procedures are being followed as they should does not negate the fact that an individual still has a right to know what his rights are. Miranda and following booking procedures should be the norm. In reference to illegal search and seizure as seen in New York v. Harris, entering a home unlawfully should always remain unlawful. Just because a person is later found to be guilty is beyond the point. Without a search warrant or a legal right to enter the home, the act is always unlawful despite what the outcome is. These are just a few examples of how the Miranda Rules are being eroded by the exceptions made......

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"Judicial Process Miranda V Arizona" (2011, September 14) Retrieved May 18, 2024, from
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https://www.aceyourpaper.com/essays/judicial-process-miranda-arizona-45506
   

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