Texas statute goes further than Miranda Rights to ensure defendants' understanding - KTRE.com | Lufkin and Nacogdoches, Texas

Texas statute goes further than Miranda Rights to ensure defendants' understanding

By Morgan Thomas - bio | email

LUFKIN, TX (KTRE) - There are currently several cases in front of the Supreme Court that are shedding light on the Miranda Rights process.  However, stricter laws in Texas ensure that suspects understand their rights during an interrogation.

"Well, in Texas it's not so much of a problem because there are printed forms to be used and signed with custodial interrogation or it has to be on if it's a recorded statement it had to be on the recording itself," explained Assistant District Attorney, Art Bauereiss.

Miranda warnings were instated to protect defendants.  A suspect must understand they can have an attorney present anytime during an investigation.

Jim Casper the Chief of the Angelina County Sheriff's Department said, "Well a Miranda warning is given if about take a statement from an individual if they're incriminating themselves and it's repeated to them on numerous occasions."

What exactly happens if a suspect is being asked for a statement?  The Angelina county Sherriff's Department illustrated.

If a suspect is being led into an interview room for an interrogation thSheriff'sing they should expect is to be read their Miranda Rights.

From the beginning the Miranda process is being recorded on video and audio equipment.  The sheriff then reads the suspects their rights and asked to verbally acknowledge understanding.

On top of that, the suspect is asked to initial and sign that they understand their rights.

Despite the lengths law enforcement goes to show a suspect understands their rights, problems still arise.

According to Bauereiss, "The problem is that when an officer strays from the script that is required by Miranda."

If this occurs a statement obtained can be thrown out and can jeopardize a state's case.   

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