Miranda Warnings
Miranda Warnings
Kaplan University
Madeline Michell
09/19/2010
CJ 211
Professor HooMook
Madeline Michell
09/19/2010
Miranda requires that the contents of the warnings be stated in "clear and unambiguous language" (Miranda v. Arizona, 1966 p.468) lest the process devolve into "empty formalities." This quote explains that Miranda warnings should be explained in any other language that the criminal understands with more clarity even if the criminal is an American citizen or a non-citizen. Unfortunately, many people have mistaken that only American citizens must be read Miranda rights and noncitizens need not to be read the rights. What a negative statement to make. Miranda rights do apply regardless of the citizenship of an arrested suspect. Anyone detained or arrested, and then questioned, must be read Miranda rights if any statement obtained is to be used in a criminal prosecution thereafter.
On June 14, 2008 at 12:30 am, I received a call about a burglary crime committed in Brooklyn, east New York. As I approach the house I saw a male approximately the age of 17-20 years old, outside of the house looking suspicious and dressed in black. I decided to arrest him. Although, I don’t sufficient evidence of the male been a thief, I took him to the police station to interrogate him. The victim arrived to see the boy; the victim asks me in English what is happening. Both the boy and the victim’s family member do not know their rights. I am sure the young boy was involved in the burglary. As I questioned the arrestee he replies to me in mandarin.
Now the question is what should I do in this case? What I would do is tell the main person in charge at that moment, it could be the captain, sergeant, or lieutenant, that the criminal needs an interpreter in order to Mirandize the suspect. Also, I would deal with the family in English since they are English speakers. If the family doesn’t understand the meaning of Miranda rights I would explain the meaning of
Kaplan University
Madeline Michell
09/19/2010
CJ 211
Professor HooMook
Madeline Michell
09/19/2010
Miranda requires that the contents of the warnings be stated in "clear and unambiguous language" (Miranda v. Arizona, 1966 p.468) lest the process devolve into "empty formalities." This quote explains that Miranda warnings should be explained in any other language that the criminal understands with more clarity even if the criminal is an American citizen or a non-citizen. Unfortunately, many people have mistaken that only American citizens must be read Miranda rights and noncitizens need not to be read the rights. What a negative statement to make. Miranda rights do apply regardless of the citizenship of an arrested suspect. Anyone detained or arrested, and then questioned, must be read Miranda rights if any statement obtained is to be used in a criminal prosecution thereafter.
On June 14, 2008 at 12:30 am, I received a call about a burglary crime committed in Brooklyn, east New York. As I approach the house I saw a male approximately the age of 17-20 years old, outside of the house looking suspicious and dressed in black. I decided to arrest him. Although, I don’t sufficient evidence of the male been a thief, I took him to the police station to interrogate him. The victim arrived to see the boy; the victim asks me in English what is happening. Both the boy and the victim’s family member do not know their rights. I am sure the young boy was involved in the burglary. As I questioned the arrestee he replies to me in mandarin.
Now the question is what should I do in this case? What I would do is tell the main person in charge at that moment, it could be the captain, sergeant, or lieutenant, that the criminal needs an interpreter in order to Mirandize the suspect. Also, I would deal with the family in English since they are English speakers. If the family doesn’t understand the meaning of Miranda rights I would explain the meaning of
References: http://web.ebscohost.com.kaplan.uah.edu/ehost/pdfviewer/pdfviewer?vid=3&hid=8&sid=b09a287e-f065-4a19-b757-baa1b2d51e4a%40sessionmgr14{Miranda v. Arizona, 1966, Citation taken for pg-1at 1:45 pm September 19, 2010 http://web.ebscohost.com.kaplan.uah.edu/ehost/pdfviewer/pdfviewer?vid=4&hid=10&sid=5f1f2b87-ca96-4489-a725-e51b44ab86e9%40sessionmgr14 Miranda v. Arizona citation taken for pg-2 at 9:35pm