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34
fails to pay the rent, his landlord may be able to repossess the property more eas-
ily and more quickly than a freeholder can get his land back from a leaseholder.
However, many legal systems have laws to protect such land-users. In Britain,
for example, the Landlord and Tenant Act requires landlords to give certain pe-
riods of warning to tenants if they want to repossess their property, and it pro-
vides means for tenants to negotiate a reasonable period of time in which to pay
rent arrears (over due rent). Under the 1988 Housing Act, there are Rent Tribu-
nals which sometimes have the power to reduce rents which they consider too
high. There are also special laws concerning tenants who rent land in order to
run a business. Usually, however, there is greater protection for someone who
rents land to live on.
TEXT 24
"Miranda" Rights and the Fifth Amendment
What are the "Miranda" Rights?
In 1966, the U.S. Supreme Court decided the historic case of Miranda v.
Arizona, declaring that whenever a person is taken into police custody, before
being questioned he or she must be told of the Fifth Amendment right not to
make any self-incriminating statements. As a result of Miranda, anyone in police
custody must be told four things before being questioned:
1. You have the right to remain silent.
2. Anything you say can and will be used against you in a court of law.
3. You have the right to an attorney.
4. If you cannot afford an attorney, one will be appointed for you.
What if the Police Fail to Advise Me of My Miranda Rights?
When police officers question a suspect in custody without first giving the
Miranda warning, any statement or confession made is presumed to be involun-
tary, and cannot be used against the suspect in any criminal case. Any evidence
discovered as a result of that statement or confession will likely also be thrown
out of the case.
For example, suppose Dan is arrested and, without being read his Miranda
rights, is questioned by police officers about a bank robbery. Unaware that he
has the right to remain silent, Dan confesses to committing the robbery and tells
the police that the money is buried in his backyard. Acting on this information,
the police dig up the money. When Dan's attorney challenges the confession in
court, the judge will likely find it unlawful. This means that, not only will the
confession be thrown out of the case against Dan, but so will the money itself,
because it was discovered solely as a result of the unlawful confession.
"Search and Seizure" and the Fourth Amendment
fails to pay the rent, his landlord may be able to repossess the property more eas- ily and more quickly than a freeholder can get his land back from a leaseholder. However, many legal systems have laws to protect such land-users. In Britain, for example, the Landlord and Tenant Act requires landlords to give certain pe- riods of warning to tenants if they want to repossess their property, and it pro- vides means for tenants to negotiate a reasonable period of time in which to pay rent arrears (over due rent). Under the 1988 Housing Act, there are Rent Tribu- nals which sometimes have the power to reduce rents which they consider too high. There are also special laws concerning tenants who rent land in order to run a business. Usually, however, there is greater protection for someone who rents land to live on. TEXT 24 "Miranda" Rights and the Fifth Amendment What are the "Miranda" Rights? In 1966, the U.S. Supreme Court decided the historic case of Miranda v. Arizona, declaring that whenever a person is taken into police custody, before being questioned he or she must be told of the Fifth Amendment right not to make any self-incriminating statements. As a result of Miranda, anyone in police custody must be told four things before being questioned: 1. You have the right to remain silent. 2. Anything you say can and will be used against you in a court of law. 3. You have the right to an attorney. 4. If you cannot afford an attorney, one will be appointed for you. What if the Police Fail to Advise Me of My Miranda Rights? When police officers question a suspect in custody without first giving the Miranda warning, any statement or confession made is presumed to be involun- tary, and cannot be used against the suspect in any criminal case. Any evidence discovered as a result of that statement or confession will likely also be thrown out of the case. For example, suppose Dan is arrested and, without being read his Miranda rights, is questioned by police officers about a bank robbery. Unaware that he has the right to remain silent, Dan confesses to committing the robbery and tells the police that the money is buried in his backyard. Acting on this information, the police dig up the money. When Dan's attorney challenges the confession in court, the judge will likely find it unlawful. This means that, not only will the confession be thrown out of the case against Dan, but so will the money itself, because it was discovered solely as a result of the unlawful confession. "Search and Seizure" and the Fourth Amendment 34
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