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Does the Miranda Rights benefit the defendant too much where as the courts throw out voluntary confessions? The Fifth Amendment clearly states "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia. (U.S Constitution Fifth Amendment) When arresting citizens, officers must inform the individual of his or her rights or the statement that was said will be disregarded in the court of law. (U.S. Gov Info/Miranda: Right of Silence) These rights are called Miranda rights which protect citizens of the U.S. from self incrimination. (See cases Miranda v Arizona, Dickerson v United States and Escobedo v Illinois) "If the individual states that he wants an attorney, the interrogation must cease until an attorney is present. At that time, the individual must have an opportunity to confer with the attorney and to have him present during any subsequent questioning. If the individual cannot obtain an attorney and he indicates that he wants one before speaking to police, they must respect his decision to remain silent." (U.S. Gov Info/Miranda: Right of Silence) The dominant key participants would be the prosecution, police officers, and the supreme courts. The challengers would be the defendant, attorney, and the protestors if any.
Paul Cassell, a University of Utah law professor will try to argue the case before the Supreme Court. Mr. Cassell thinks that the Miranda Requirements needs to be loosen. Dickerson v. United States, 530 U.S. 428 (2000) was a case where the courts had to litigate over whether his statements were ...