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Constitutional Law: Right to Counsel Once in CustodyWritten by: Alan James Brinkmeier Reputation Level 20
Posted over 2 years ago. 4 helpful votes, 0 comments
1
Miranda RightsThe Court in Miranda created right to counsel procedural safeguards to adequately ensure that the accused know their rights and that the police honor them. The Miranda Court recognized that "[a]n individual swept from ... familiar surroundings into police custody, surrounded by antagonistic forces, and subjected to ... techniques of persuasion ... cannot be otherwise than under compulsion to speak." 2
Self IncriminationTo effectively safeguard suspects' privileges under the Fifth Amendment, the Miranda rights create the obligation to clarify should prohibit law enforcement officers from badgering suspects into converting their previously ambiguous request for counsel into a clear waiver of the right to counsel. 3
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