Criminal Law and Procedures Example

In criminal procedure, interview is the period by which the investigators of the law enforcement conduct questioning before arrest is made to the person interviewed. During this phase the person intended to be interviewed is not required to answer any questions; or if interviewed, consider that he or she is under detention at any point in the interview (Fraud Aid, n. d. ). Further, once the person intended to be interviewed is regarded as a “person of interest” or subjects of investigation, the person should not be prevented to refuse or end the interview at any time.

In other words, once he becomes a suspect to a crime he should be informed to his Miranda rights before the interview. The circumstances that Rapier is not under custody, allowed the interview, voluntarily suggested that the interview will be conducted in his house, and consented to the recording of the said interview do not excuse the reading of Miranda rights. Rapier is considered a person of interest; this is because he is suspected by the police to have been involved in a gang rape, which is the subject of aforementioned interview.

If Miranda rights have been read to Rapier before the commencement of the interview, he could have acquire the services of a lawyer and be prevented from making inadvertent self-incriminating statements. Therefore, the court should allow the request for suppression of the statements made during the interview. The Miranda rights are essential to guarantee every person’s constitutional rights for the reason that it protects person from any unlawful arrest, unreasonable search and seizure, against self-incrimination, etc.

Even though in exceptional situations, as declared in the list of Miranda cases, any these rights may be waive and relinquish, the reading of the Miranda rights however is still indispensable before the waiver of such rights by the accused is legally accepted. References Fraud Aid. (n. d. ). Know Your Miranda Rights or Warning and How to Use Them. Retrieved September 16, 2008, from http://www. fraudaid. com/miranda. htm