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Miranda Rights Vs Fifth Amendment

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The 5th amendment rights protect a person from incriminating themselves in a court of law or during interrogation. I
According to Purpura (1997), the Fifth Amendment states :
You have the right to remain silent. If you say anything, what you say can be used against you in a court of law. You have the right to an attorney and having the attorney present during questioning. If you cannot afford an attorney, one will be provided for you.
Reason for existence

The police debated if a accused person confessed to a crime without knowledge of the 5th amendment right, it was the defendant’s fault for not invoking it. These rights were originally passed into law to prevent the police from manipulating citizens who were not well aware of their rights, …show more content…
Arizona (Lee, 2004). Miranda was questioned concerning his alleged kidnapping, robbery and rape. Without the knowledge that he was incriminating himself, he confessed to the crime. Later, an attorney challenged the court that Miranda was not aware of his rights and any and all evidence presented was admissible. The court agreed, and he was released from prison after 11 years.
The court’s opinion was that the defendant’s rights were meant to equalize the vulnerability inherent in being detained, so as not to result in government abuse. Any evidence acquired when the Miranda rights have not been read is admissible, except in routine questioning and traffic stops. Routine examination entails establishing identity, address and the security number. Statements made before an arrest and voluntary statements do not violate these rights (Hornberger, 2012). It is, therefore, essential that the public understands their fundamental rights so as to avoid manipulation and government abuse. The Supreme Court expanded upon the plain language of the 5th amendment rights, reconciling the police powers with the fundamental rights of citizens within the

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