Miranda Rights Against Self-Incrimination Essay

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Miranda warning implies the suspect’s rights against self-incrimination through staying silent during the arrest. Imagining a 15-year-old committing a crime, it is possible to assume that they are vulnerable to the circumstances, which push to tell what the police wants to know. The Miranda warning serves the purpose of not letting the defendant admit the crime they might not be guilty in, but emotionally unstable teens do not use their rights. I believe that police themselves, parents, friends, and school teachers may influence young people and force them to commit self-incrimination, despite being warned before the interviewing. Therefore, I would suggest taking the defendant’s age into account with a purpose not to forcing them to admit a crime, respecting their rights to remain silent. It implies not using teens’ statements and taking confessions without the presence of a lawyer and a psychologist. The assumption that the teen murdered the person will continue to try it as an adult does not change the situation as it is not relevant to the present crime. I believe that it is vital for justice to take the defendant’s age into account, despite the existence of potential violent offenses’ possibility.

Observation Accuracy

Unreliability of eye-witnesses is a widely discussed topic that implies the lack of accuracy of the observation’s information. It depends on various factors, such as emotional ones, as strong feeling deteriorate the short, immediate memory. Observation time, cognitive functions development, type of character, and environmental conditions may also affect the accuracy of received information in different ways. The mentioned factors are taken into account during the evaluation of the data reliability. It is possible to involve guide-memory and provide the pacifying environmental conditions to facilitate the process of recalling. It is utilized to processed the eye-witness accounts of crimes. For instance, the police usually use lineups of photographs or suspects to stimulate the recalling process through associative thinking. Under the preponderance standard, the burden of proof is met when the claim’s chances are better than 50%. Although the observation accuracy is considered to be about 20%, it can be enhanced by engaging more than one witness, facilitating the recalling process, and considering the influence of the mentioned above factors.

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IvyPanda. (2022) 'Miranda Rights Against Self-Incrimination'. 14 October.

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IvyPanda. 2022. "Miranda Rights Against Self-Incrimination." October 14, 2022. https://ivypanda.com/essays/miranda-rights-against-self-incrimination/.

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IvyPanda. "Miranda Rights Against Self-Incrimination." October 14, 2022. https://ivypanda.com/essays/miranda-rights-against-self-incrimination/.

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