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Legal Issues Associated with Security

In: Social Issues

Submitted By myezzence
Words 377
Pages 2
The Miranda Rights are the most common legal issues that must be observed when conducting an interview or an interrogation. Suspects are presumed innocent until proven guilty, and they have rights that must be respected. Arresting officers must always inform suspects of their alienable rights. Failure to inform the suspect of his or her rights can lead to legal technicalities that can render any information taken during the suspect’s interview or interrogation null and void. The Miranda Rights provides protection based on a person’s Fifth Amendment rights to prevent self-incrimination. There rights are recited to individuals while being taken under custody. These rights are read,
“You have the right to remain silent. If you give up the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to an attorney. If you desire an attorney and cannot afford one, an attorney will be obtained for you before police questioning” (Criminal Law, n.d.).
A pertinent legal issue associated with security interrogations is the authority to make judgment calls. There had been many debates on interrogation tactics used to elicit a confession from a suspect. The use of torture is a common issue of contention in modern society. The dilemma of whether it is acceptable to use torture to save lives had been debated in courtrooms, senates and public forums with no definite policy set in place. In the interrogations of top Al-Qaida operatives in three military bases, the FBI drew the line against the use of harsh and possibly illegal interrogation methods to obtain information (Associated Press, 2008).
Another legal issue is the use of deceit and trickery in interrogations. According to Reid and Associates, investigators are allowed to make false statements during an interrogation. For instance, investigators can falsely claim they received a testimony implicating the suspect. However, investigators cannot produce fabricated evidences to support their claim. In addition, investigators aren’t permitted in making falsified statements concerning legality issues, for example stating the suspect will receive a light sentence if he or she confesses. “In general, lying to a suspect should be a last resort that investigators often use to overcome persistent but weak denials (Reid, & Associates, n.d.).”

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