Topic > The Pros and Cons of Miranda Vs Arizona - 716

Miranda rights are the rights of every suspect. An officer of the law is required to make these rights clear to the suspect. These are the rights you hear in every criminal investigation and police show in the country: "You have the right to remain silent, anything you say could be used against you, you have the right to consult a lawyer, if you can't afford a lawyer, one will be appointed for you." After the suspect agrees that he understands his rights, the arrest, subsequent interrogation and investigation can continue. These are the freedoms afforded to criminal suspects in Miranda Vs Arizona. However, with every rule there are also exceptions such as: Maryland vs. Shatzer, Florida vs. Powell, and Berghuis vs. Thompkins. Miranda Vs Arizona was a United States Supreme Court case in 1966. The court “established that a criminal suspect must make a conscious, intelligent, and voluntary decision to waive certain constitutional rights prior to questioning” (Ortmeier, 2005, 285) . This ruling means that suspects must be aware of their right to remain silent and that if they choose to speak to the police the conversation can be used against them in a court of law. If they decide to speak under the voice of the police, they must not do so under false promises. Three of these exceptions are: • Maryland v. Shatzer - “In the case of Maryland v. Shatzer, the Court created a trespass exception to Edwards v. Arizona, holding that a defendant released from custody for a period of at least fourteen days forfeits the protection that Edwards offers to suspects who invoke the right to counsel.37 The Shatzer Court also decided that a prisoner “subject to a variety of restrictions of basis imposed pursuant to a prior conviction "is not in custody for purposes of Miranda" (Kinports,