When someone is arrested, a specific series of events follows. The police must follow a certain legal procedure during and after the arrest by ensuring the person who is being arrested is well informed about his rights.
In 1996, the US Supreme Court put forward that any person who is being arrested have certain rights that must be explained to them before any questioning. The rights follow the Fifth Amendment which indicates that any person is free from self-incrimination and are read as follows:
• A person has the right to remain silent and refuse to answer any questions. • Anything the person says may be used as proof or evidence for incriminating him or her. • The person has the right to have an attorney consulting him or her and the attorney has the right to be with the person during questioning. • If a person cannot afford an attorney, one should be appointed to him or her before questioning. • The person can answer questions before consulting an attorney if he or she wishes to and can also stop answering any further questions.
These rules are primordial to follow when an individual is arrested and charged with a crime. A lawyer needs to be present during questioning of any individual.