Introduction to Criminal Law

Discussion 

When the police officers were making the arrest, they should have read the Miranda rights to the motorist. Miranda v. Arizona is a 1966 United States Supreme case which indicated that before a person is taken to custody, they should be informed of several things. These are the right to be silent; the words that the offender will talk about can be used against them in the court of law, right to legal representation by hiring or being provided with one (Editorial Board, 2016). Westover v. United States case also used to affirm the importance of Miranda rights, where the officers who made the arrest can be used in testifying against the offender using the information they may have stated during the arrest. When the Miranda rights are read to the offender, they learn the importance of keeping quiet and avoiding answering any questions asked by the officers (The United States Courts, 2011). After the arrest, the offender can ask to get an attorney, for instance, before the motorist was taken to court, he would be given an attorney or hire one to represent in the court of law. Learning about Miranda rights would also make the motorist quiet to avoid incriminating himself. 

References 

Editorial Board. (2016). Introduction to Criminal Law. Schaumburg, IL: Words of Wisdom, LLC. Retrieved from https://ebooksbvd.my-education-connection.com/read/9781938390920/9781938390920_xhtml 

The United States Courts. (2011). Facts and Case Summary-Miranda v. Arizona. Retrieved from 

https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-miranda-v-arizona 

Responses 

1st Peer 

Hi Michelle, 

I find the cases you have sited in Miranda case interesting. The cases, Westover v. the United States, Vignera v. New York and California v. Stewart , support the importance of the Miranda rights. In case an arrest is made without the Miranda rights being read, I think the officers should be liable for punishment as they ignore notifying the defendants about their rights (The United States Courts, 2011). The rights are essential as they prevent the offender from incriminating themselves. 

Reference 

The United States Courts. (2011). Facts and Case Summary-Miranda v. Arizona. Retrieved from https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-miranda-v-arizona 

2nd Peer 

Hi Natalie, 

I enjoyed reading your post, especially the part you have analyzed the Miranda specifications. The clarification of the Miranda rights and their importance is seen on how they protect the offenders when being taken to custody. There are also other cases that can be cited to show the importance of Miranda rights, for example, Westover v. United States (Editorial Board, 2016). It shows that even during an arrest, the defendant can be quiet without answering any questions asked. 

Reference 

Editorial Board. (2016). Introduction to Criminal Law. Schaumburg, IL: Words of Wisdom, LLC. Retrieved from https://ebooksbvd.my-education-connection.com/read/9781938390920/9781938390920_xhtml