Everyone has heard or seen the 'Miranda Rights' on television and/or in movies. However, most of the people could probably recite what they are without reading the actual U.S. Supreme Court case or reviewing a criminal law textbook. Though, there are a number of factors at play which find out when the Miranda rights must be given to a suspect. Does an officer have to Mirandize you if he walks up on the street and says, 'How are you today?' When do constitutional provisions "kick in"?
How would you describe the Miranda warnings and their importance to a friend of yours not in the criminal justice field? At a minimum, address the given questions:
What does the Fifth Amendment of U.S. Constitution signify when it states that a person shall not 'be compelled in any criminal case to be a witness against himself'?
When a police officer should read an accused their 'Miranda warnings'?
If a police officer violates a defendant's Fifth Amendment right against self-incrimination, then what happens to the criminal case against that defendant?