Monday, November 18, 2019
Policy Analysis Essay Example | Topics and Well Written Essays - 250 words
Policy Analysis - Essay Example Such statements are suppressed because they violate the Fifth Amendment and they are subject to the Miranda exclusionary rule. A waiver, in this regard, occurs when the suspect logically, knowingly and voluntarily waives his right. In order to determine the validity of the waiver, it is important to look at the circumstances and events resulting in the waiver. Where the suspect makes a spontaneous or voluntary statement before the rights are read, such statements can be admitted provided the statements were not prompted by interrogations. This position clearly shows that Miranda rights are only necessary when law enforcement intends to interrogate a suspect (Burgan, 2006). Miranda rights, policies and procedures, therefore, greatly affect the operations and decision making process within law enforcement. The rights give the suspect protection against self-incrimination as well as providing appropriate guidelines for law enforcement in the manner they interrogate suspects. Miranda policies and procedures assist in determining whether suspectsââ¬â¢ statements can be admitted or suppressed in a court of
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