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The Miranda rule requires that all suspects be informed of their Fifth and Sixth Amendment rights before being interrogated about a crime. These rights include the right to remain silent and to request an attorney. If authorities fail to issue this warning to a suspect, statements made by the suspect to authorities cannot be used as evidence during a criminal trial.

Develop an argument that takes a position on whether the failure to issue a Miranda warning should lead to information given by a suspect not being allowed as evidence in a criminal trial. Use at least one piece of evidence from one of the following foundational documents:

Fourth Amendment of the United States Constitution
Fifth Amendment of the United States Constitution
Sixth Amendment of the United States Constitution
In your essay, you must:

✓ Respond to the prompt with a defensible claim or thesis that establishes a line of reasoning.

✓ Support your claim with at least TWO pieces of specific and relevant evidence.

One piece of evidence must come from one of the foundational documents listed above.
A second piece of evidence can come from any other foundational document not used as your first piece of evidence, or it may be from your knowledge of course concepts.
✓ Use reasoning to explain why your evidence supports your claim/thesis.

1 Answer

5 votes

Final answer:

The Miranda rule requires that suspects be informed of their rights before being interrogated. Failure to do so renders any statements made by the suspect inadmissible in court. The Miranda warning is based on the Fifth Amendment's protection against self-incrimination.

Step-by-step explanation:

The Miranda rule, established in the Supreme Court case Miranda v. Arizona, requires that suspects be informed of their Fifth and Sixth Amendment rights before being interrogated about a crime. This includes the right to remain silent and the right to request an attorney. If authorities fail to issue this warning to a suspect, any statements made by the suspect cannot be used as evidence in a criminal trial.

The Miranda warning is based on the Fifth Amendment's protection against self-incrimination. This amendment guarantees the right to remain silent and not provide evidence that could incriminate oneself. The Miranda warning ensures that suspects are aware of this right and are able to exercise it during police questioning.

The Miranda decision was made to address the issue of police tactics that can intimidate or manipulate suspects into confessing. By requiring authorities to give a warning and inform suspects of their rights, the Miranda rule helps protect individuals from coercive interrogations and ensures that their statements are made voluntarily.

User Matheus Valenza
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