Free «Legal Issues» Essay
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Miranda rights or Miranda warning is a warning which a police in USA are to give to the suspects before any other criminal proceeding. In other words, warnings are aimed to inform about the rights which are given to a suspected person before detained. These warnings legally appeared after a case of Miranda v. Arizona during which Miranda claimed that his rights given by V and VI Amendments were violated. This case are relates to the topic of domestic violence of case under this study as Ernesto Arturo Miranda was trialed under domestic violence lawsuit.
Miranda warning is very important especially in cases of domestic violence as if the law enforcement officials will not make with warnings to a suspected person, every word that is going to be said by this person cannot be used in the trial or any other procedure. However, those people who violate this rule under emotion quite often can say something during this probation that could later prove the person guilty. That is why Miranda warning has high significance.
There is no need to eliminate Miranda warnings because this practice is so deep that the elimination of Miranda warning would lead to misunderstanding in judicial procedures. Moreover, the Supreme Court by its decision held that these warnings prevent the violation of V and VI Amendments. Therefore, in order to eliminate Miranda warnings, we need to change the Constitution.
Family Investigative Response Service Team
I think that the creation of Family Investigative Response Service Team (FISRT) is a huge step towards the reduction of domestic violence. The work, which is done by this organization, cannot be overestimated, especially if we are talking about their assistance to victims of domestic violence. A lot of women and children are afraid of the consequences if they tell someone (i.e. police) about the violence, to which they were exposed. The main thing, which is to be done, is to persuade victims that there is nothing to be afraid of, should it be state, government, or any other party, and their representatives will take care about everything. This program helps victims and serves an example to other people not to be afraid of talking.
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However, unfortunately, not in every state can this program work. In some places, people are disappointed in authorities, and they do not believe in any positive changes. They just do not trust the authorities anymore. Moreover, in small cities the perception of the family is different from the big cities. Family means everything for them. That is why they are afraid to talk about domestic violence as they are afraid of destroying their institute of society. In such states, there is a need to demonstrate numerous examples that this program serves only for the benefit and works, indeed.
Nevertheless, this program needs time as people are different and perception of programs is also different. That is why in any state there will be a need to work in a different way, in order to make this program work properly.