Understanding the Validity and Legality of Interrogation Interviews under Miranda Rights

Abstract

Discussion W62 The law provides for the right to remain silent, arguing that the prosecutor may use any said word against the accused in a court of law (Samaha, 405). However, if the accused willingly accepts to engage with the investigator in an interview, such a move is not against the law. In our case scenario, the defendant has not been informed of the mothers' move, warning the investigators to ensure that the right to remain silent remains invoked. To this effect, the defendant remains open to choosing whether to remain silent or speak out in case of an interview. The interview is valid and invalid at the same time. The interview is valid in the sense that the accused is an adult, thus has the right to make own decision in case of any interrogation. It is the act of going through the Miranda rights that the viability of the interview is strengthened as the accused has a full understanding of what is entitled of him under the law. The interview is invalid because though the officers listened to the mother, they did not clarify to her the need to consult with the accused as he also had his rights under the Miranda document. Work Cited Samaha, Joel. "Criminal Procedure Companion CD-ROM." (2005).