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you have the right to remain silent
anything you say can and will be used against you in a court of law
he cannot afford an attorney one will be provided for you
do you understand the rights and just read you
with these rights and mine do you wish to speak to me
How many of you have watched a police show on television
i'm sure that you have heard the words that i've just read to you many times it's called
the miranda warnings
you know why you need to read those words to people who are being arrested?
So you know your rights!
What rights should you know?
let's go back and start at the beginning the Miranda Warnings is actually named after
the criminal challenged his arrest all the way to the united states supreme
court
What are you talking about teacher?
It is named after a criminal thats crazy!
the fifth amendment
no person shall be held to answer for a capital or otherwise infamous crime
unless on a presentment or indictment of the grand jury except in cases of
arising in the land of naval forces or in the militia
when in actual service in time of war or public danger nor shall any person be
subject for the same offense to be twice put in jeopardy of life and limb
nor shall be compelled in any criminal case to be a witness against himself
nor be deprived of liberty life or property without due process of law nor
shall private property be taken for public use without just compensation
the sixth amendment
in all criminal prosecutions the accused challenge or the right to a speedy and
public trial by an impartial jury of the state and district where the crime shall
have been committed
which districts shall have been previously ascertained by law and to be
informed of the nature and cause of the accusation
to be confronted with the witnesses against him to have compulsory process
for obtaining witnesses in his favor and to have the assistance of counsel for
his defense
so that means we dont have to tell the cops anything?
No Matthew your still required to give them your name address
and age
And if they dont read you the warning you can say anything that you want?
they will not be able use what you say in court.
haven't you heard of someone getting off on a technicality?
that means that the police didn't follow the necessary procedures to protect the
suspects' rights and that includes failure to give the miranda warnings
What if you start talking to the police
but want to stop?
At anytime during the questioning you can choose to invoke your fifth amendment right to stop talking
or your sixth amendment right to request an attorney
The questioning must stop immediately. What if the police havent arrested you but are just questioning you like in a friendly way?
That is a great question Lizzy.
if you have not been formally arrested the police do not have to read your
miranda rights
and can use anything you say against you
what if you dont speak english.
than a translation has to be provided to you
after hearing your rates you have to tell them that you understand the rights
that have been read to you before the miranda warnings became law
of the land suspects could be questioned against their will or as long
as it
took to get a confession
But why are we worried about the rights of criminals?
because until a person is convicted
they are only a suspect
innocent people are arrested all the time
if they were forced to confess than there would not be justice
but injustice
the true criminal would not be caught and someone else would go to jail for the crime
Now im sure that none of you will ever need to use this information
but we all should understand our rights
ya lets go get some lunch