The Miranda warning is a legally sanctioned warning that is usually given to an arrested person. Miranda Rights take effect only during the time a person is under “custodial interrogation” a condition when a person is deprived of their freedom is detained or not free to leave the capacity of detention facility even after a formal arrest has not taken place. It however does not pertain a police officer to advice you your Miranda Questions. In the cases that a person is not in police custody, there is no requirement of Miranda warning and anything uttered by the person can be held against him if facing a trial. The rights apply in cases when a person is interrogated concerning a crime, where there can be contention that the person is a suspect, only then the person can politely decline to answer until an attorney is hired.
In What Condition Miranda Rights Apply?
In cases when a person is detailed but not charged with a crime police officers are bound under the constraints of law to tell the person to remain silent and decline to answer, because a person under detention is vulnerable that anything said under pressure can be used against him. The unique nature of this law is that it is being told by the governing authorities that if the law applies or not. In case the law applies the person is told that he can politely say no to any questions asked until an attorney is hired to defend his position , even if the person is not in a position to hire any attorney he or she is given a state attorney to defend his case.
What Protection do Miranda Rights give?
It behooves the arresting authority to advise you of your Miranda rights upon arrest, they are also by law bound to respect your Miranda rights throughout the procedures of arrest. Once the defendants. the person who is in custody for a crime has the authority to invoke the right to attorney. As per law, all interrogations which are the part of custody must not be practiced until the presence of the defendant’s attorney is assured. For example, in case a person is under arrest he or she cannot be lawfully required or coerced into taking, submitting documents or signing documents. These are the bounds that are respected by the authority that has captured the person. If a person is forced to give evidence, torture or any other offense or breach of Miranda Law, the case can be pursued in court. Even if the Police officer who has captured an individual fail to sensitive the arrested individual about the Miranda Rights and take a coercive and extractive position even this can be used against the person.
Miranda Rights is a part of the social contract between the state and the individual and any failure in the implementation and practice of that law impinges directly upon the fundamental rights of the individual. It is the security given by the state and it must be practiced under any condition.