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University of Phoenix Criminal Justice Discussion

Description

Respond to the following in a minimum of 175 words:

Provide an example of self-incrimination as it relates to the Miranda decision.

  • How does the U.S. Constitution protect against self-incrimination?
  • What would happen if there was no protection against self-incrimination?
  • How has the Miranda decision influenced the criminal justice system?

In this next assignment, I will provide 2 student posts and respond to whether you agree or disagree and any add-ons. Respond 100 words each post

1)The U.S. Constitution protects against self-incrimination by protecting a person from being forced to reveal to the police, the prosecutor, the judge, or jury any information that might subject him or her to criminal prosecution. What that means police nor anyone of the justice system cannot force you for information including threats about family, friends, and other persuasive ways that may get you to self incriminate yourself. If there were no protection against self-incrimination you would have a lot of people who did not commit crimes in prison, a very corrupted justice system, a lot of cruel punishments like the case where the police officers beat two African-Americans until they said they committed the crime, bribery, and a lot more corrupted tactics that will be used to get individuals to say they committed a crime when they did not. The Miranda decision influenced the criminal justice system by giving you the right to not speak to the police, the right to leave if you are not under custody, giving the individual to refuse to answer questions by the police.

2)Americans are entitled to rights that we have as citizens. The U.S. Constitution such as the 4th, 5th, and 14th amendment, are all protection against self-incrimination. The protection that is against self-incrimination gives a person such as the defendant or witness, the privilege of refusing questions and any information that is forced to reveal. If there were absolutely no protection against self incrimination, it would be easier and quicker to prosecute someone due to intensive interrogation and firm intimidation. There would also be a lot of convincing and results of unfair court cases taking place. The Miranda rights must be informed to anyone of suspect or victim by law enforcement anytime before detaining them. By this right in particular, it actually allows you to refuse answering any questions that you choose to or not to answer. The Miranda decisions come into effect with police officers by remaining silent making them work much harder and sometimes deeper into an investigation on their own. It basically gives us a better and fair of less innocent people being found guilty.

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