THE MIRANDA PRINCIPLE
The miranda principle was first establish in America in 1966 in the cae of MIRANDA vs ARIZONA 384 United States 436. The principle simple states that the criminalsuspect in the police custody and under interrogation which are the right to remain silent and br informed that anything they say can and will be use against him in the court. theses rights are collectively known as the miranda rights.
The miranda rights are notified to the suspects immediately the suspects is in the police custody or custodial interrogation as in the case in the united states of America . Custody means the formal arrest or deprivation of freedom of some extent associated with the arrest. At the apprehension of the suspect, the police are required to mirandandarize (Miranda rights) the suspect. The police in charge of interrogation are mandated to remind the suspect of his rights.
The miranda principle is widely used and incorporated in to other jurisdictions worldwide . The Cameroon criminal procedure code is not and exception . The Cameroon criminal procedure makes it mandatory for the police officer to inform the suspect under investigation of his right to counsel ( lawyer) and right to remain silent during an investigation , failure, which the investigation shall be a nullity . The criminal procedure code goes further to mention that the police report must include that the suspect was fully informed of his rights to remain silent , his right to a lawyer and that what ever he says can be used in the court against him.
The miranda rights extend to police custody given that that the suspect is allowed to have visit with his lawyer or a family at any time during custody. The suspect should not any time be subjected to physical , mental constraints , torture , administration if the drugs or any other method which is likely to compromise or limit the freedom of action or decision or memory or sense of judgement of the suspect.
The miranda rights are there to protect the suspect during investigation and also to offer the suspect a chance of a fair trailer