Quizzes & Puzzles1 min ago
Miranda
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For more on marking an answer as the "Best Answer", please visit our FAQ.This comes from a 1963 court case - Arizona -v- Ernesto Miranda - which was eventually thrown out, even though Miranda had confessed to his crime, because he wasn't told his rights. (Luckily the police had enough other evidence for a retrial, so he didn't get away with it.) So since then, police are required to make sure that people are read their rights to prevent a recurrence. You can see the whole story on this link:
I recollect that Miranda and Escobedo are two leading cases in American law and is one of the great divergences with English Common Law.
Evidence unlawfully obtained is admissible in English Law. This could lead in a fruitless search to the searchers going on and on tearing the place apart because once they find something -just something - the whole search becomes lawful.
So which is better, American or English ?
Just look at Guantanamo......