“Our rights.” We throw this term around a lot, but what does it really mean when you have been arrested?
Everyone has heard of Miranda Rights, but what do they really mean? If I commit a crime, what is considered “cruel and unusual” punishment? Am I entitled to bail? Read on to find out the answers to these important questions!
What Are “Miranda Rights”?
From your favorite cop tv drama to the hit action flick of the summer, every arrest in pop culture features some aspect of the “Miranda Rule”. We’ve all heard it:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
But what does it actually mean?
In layman’s terms:
Don’t incriminate yourself. Any form of communication, to anyone, can come back to you in the courtroom.
You absolutely have the right to professional defense, so if you don’t have a lawyer already, make sure you get one quickly. The court can appoint a public defender if you can’t afford to hire your own personal lawyer.
It’s important to note: you may not be Mirandized if you are not going to be interrogated. However, if that changes and the police do decide to interrogate you, they will issue the Miranda Warning. The exception to this is if you are suspected of being a public threat; in this scenario, you may not be read your rights and any information they get from you can be used against you.
How To Define Cruel And Unusual Punishment
Found in the Eighth Amendment of the United States Constitution, the actual definition of what constitutes “cruel and unusual” has a long history throughout the U.S. judicial system.
While we’ve come a long way from an “eye for an eye” justice methodology, a lot of the consideration behind this part of the Bill of Rights still boils down to this: does the punishment fit the crime? For example, lifetime imprisonment for petty theft would be excessive, so it could be categorized as “cruel and unusual”.
This topic is hotly debated, even today. Some consider harsh interrogation to fall under this category, and the Eighth Amendment is perhaps one of the biggest arguments against the death penalty. But without the use of thumbscrews and the rack, it can be a little more grey to define. If you feel that you are being treated unjustly or have had actions against you that you believe to be “cruel and unusual”, keep track of these events and alert your lawyer immediately.
Am I Entitled To Bail?
Unless you commit what is considered a non-bailable offense, then yes, you absolutely are entitled to bail. The judge will set the bail amount at an appropriate rate for your crime, and you will have the opportunity to await trial from the comfort of your own home.
Types of non-bailable offenses include:
Believed guilt in a case that is punishable by death or life in prison
You have previously been charged with a crime that is punishable by death or a minimum of seven years to life imprisonment
You have two or more previous non-bailable offenses on your record
If you are charged with a non-bailable offense, bail is still possible; but you will need to petition the court for this opportunity.
If you or a loved one are in need of a bail bond in the state of Idaho, contact Astro Bail Bonds today. We believe in your Eighth Amendment rights and will work hard to make sure that you are able to stay safe and out of jail.