A Conversation for The Sixth Amendment

Sixth Amendment

Post 1

beachick

The US Supreme Court is currently revisiting *Miranda v. Arizona*
in which the 6th Amendment figures prominently. If you are unfamiliar with the warning: 1) you have the right to remain silent, 2) if you do speak, what you say can and will be used against you, 3) you have the right to an attorney, 4) if you cannot afford an attorney one will be provided. Most Americans probably know the phrasing of the Miranda warning, which all police officers are required to recite upon arresting someone, but probably don't understand what it really means; if they did, then 80 to 90% of them would not *voluntarily* waive their rights upon arrest. While Miranda is in itself not a Consitutional right, it contains elements of those rights, one beig the 6th Amendment, the other the 4th (and there's probably more but I am only just beginning to study in preparation for an article). The Court may be looking to see if Miranda is succeeding in in giving suspects the full knowledge of the rights they are asked to give up.


Sixth Amendment

Post 2

Two Bit Trigger Pumping Moron

Police officers are not required to read Miranda to suspects when they are arrested. Miranda is triggered when a person is in cutody and they are being interrogated. It is fairly rare for an officer to question a suspcet after they're arrested.

This entry's interpretation of MIranda is totally wrong.


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