Abstract
This paper will discuss the differences in the 5th and 6th Amendment because of Miranda rights. Through these changes,it will show on the custodial protections. Last, it will reflect over the past, present and further for Miranda rights.
Main Body
The history of the Miranda Rights reflected to protect 5th Amendment. It also to ensure that people interrogated, avoid any form of tortured or abused. When the Miranda Rights became into effect, it also brought set limits and techniques when presenting evidence.
If anything is incorrect from the moment of an arrest all the way to the stage where a person is waiting for trial, it can be attacked by defense attorneys. Also if this information is not correctly documentation, and any loopholes can be found, an intelligent defense attorney can attack the case.
Cases are continually challenged and debated in the criminal justice. In the article, “Miranda Update Fifth Amendment Protection and Break in Custody,” it mentions how law enforcement knows must know only apply the rules and methods of history of Miranda rights, yet also allow the suspect to have a break during an interrogation. In the article, it does not state if the law enforcement has to apply these rules with intoxicated suspects. The article further mentions that with this update it gives some of time for guidelines for interrogation.
The sixth amendment is also part of the suspect protection during an interrogation. The new update with this is that not only does the suspect has a right to an attorney; they now have the right to have a component attorney. There attorney proves any evidence of inadequate the suspect can appeal showing set guidelines.
Guidelines are going to be one of the relevant keys with the future state of Miranda rights. The history of the Miranda Rights and the present developments with have proven the shift for better protection for criminals and finer interruption of the constitution.
Criminals have rights. There are countless organizations that fight to support the criminals’ rights. Some examples of this are again, ensuring the prisoner had a component attorney. That way there are no innocent men and women sentenced to jail. The other arguments are to promote criminal rights range from the bias because of race, evidence planted and other causes.
The purpose that should never be forgotten is the victims of crime. Sadly there are countless times where only their loved ones remember them, and they are forgotten by the media. Those victims that managed to survive a victim of crime has their life changed to a nightmare forever. There are some scars that can never be removed regardless of therapy. An example of this is the soldiers coming home from a war that have Post Stress Traumatic Disorder. The key is to find a way to best handle the ordeal.
As our nation grows, the technology will grow. The ordeals of people situations will probably increase. This will probably create more questions and challenges to changes the laws in society future. It is important to remember the history of the law and the role it played in society. Learning and remembering our history of the criminal justice, can help us not repeat the past and better prepare ourselves for the future.
References
Campbell, A., & Ohm, R. C. (2007). Legal Ease A Guide to Criminal Law, Evidence and Procedure (2nd ed.). Springfield Illinois: Charles C Thomas Publisher LTD.
Meyers, K. A. (2010, May 2010). Miranda Update Fifth Amendment Protection and Break in Custody. FBI Law Enforcement Bulletin. Retrieved from http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/May-2010/fifth-amendment-protection-and-break-in-custody
