Miranda Rights and the Grand Debate

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Miranda Rights and the Grand Debate Consider this statement from the Miranda v. Arizona (1966) holding: We hold that when an individual is taken into custody or otherwise deprived of his freedom by the authorities and is subject to questioning, the privilege against self-incrimination is jeopardized. Procedural safeguards must be employed…. He must be warned prior to any questioning that he has a right to remain silent, that anything he says can be used against him in a court of law, that he has a right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires. Opportunity to exercise these rights must be afforded to him throughout the interrogation. Evaluate the public policy debate of public safety versus individual rights in the context of Miranda warnings. Be sure to include your position on this debate supported by example (for example, the USA PATRIOT Act, the public safety exception, a current event in the news, personal experience, or readings this week such as the Amar and Lerner article).

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