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Miranda. Bakersfield College Criminal Justice Charles Feer, JD, MPA. 5 th Amendment. No person shall be compelled to be a witness against themselves. (No Inquisitions). Miranda “Warning”. You have the right to remain silent. I suggest you use it!. Real Miranda Warning.

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Bakersfield College Criminal Justice Charles Feer, JD, MPA

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Miranda

Bakersfield CollegeCriminal JusticeCharles Feer, JD, MPA


5th Amendment

  • No person shall be compelled to be a witness against themselves.

  • (No Inquisitions)


Miranda “Warning”

  • You have the right to remain silent.

  • I suggest you use it!


RealMiranda Warning

  • 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 have an attorney both before and during questioning.

  • If you cannot afford an attorney, one will be appointed to you prior to any questioning.


Miranda Waiver

  • Do you understand each of these rights that I have explained to you?

  • Having these rights in mind, do you wish to talk to me now?


Warning requirement not in the U.S. Constitution


Admissions & Confessions

  • ADMISSION –

  • The suspect admits to some involvement to the crime

  • CONFESSION –

  • Suspect says that they committed the crime (all of the elements).


Supreme Court “Invention”

  • Prior to 1966 no warning of constitutional rights were required.

  • The “test” as to admissibility was Voluntariness.

  • Was a suspect’s “will” broken?


Voluntariness.

  • Torture?


Application of Miranda

  • Custody

  • Questioning

  • Suspected of criminal involvement


Miranda Custody

  • Suspect has been taken into custody (arrest)

  • Suspect is deprived of their freedom “in any significant way”

  • Detention?

  • “Restraint of Freedom of Movement” (Beheler)


Interrogation vs. Interview?

  • Interrogation – is to ask questions of a suspect.

  • Interview – is to ask questions of non-suspects.


Miranda Questioning

  • Interrogation –

  • Questioning initiated by law enforcement officers.


Suspected of a Crime

Questioning is related to the suspect’s involvement of a suspected crime.

Investigation has “focused” on the individual as the suspect.


3 Question Test for Admissibility

  • 1) Were the Miranda warnings given?

  • 2) Was there a waiver?

  • 3) Was the Waiver

    • intelligent and

    • Voluntary?

  • If, yes (to all three) then admissible.


Intelligent

  • Waiver is given by a suspect that knows what they are doing.

  • “Competent”

  • Know that they committed a crime?

  • Seriousness of the crime?


Voluntary

  • Not the result of threat, force, coercion.

  • Made on their own free will.

  • Written waiver makes the claim of voluntariness more credible. (Not required)

  • Plea Bargain?

    • Probation vs. 3 years in prison?


Voluntariness.

  • Confessions and Admissions are involuntary and invalid under the Constitution only if the coercion is exerted by the police, not if exerted by somebody else.


Application

  • Rule:

  • If the individual indicates in any manner any time prior to or during questioning that he wishes to remain silent, the interrogation must cease. (Duckworth)

  • So what?

  • Admissibility!

  • We still may want to know what suspect has to say.

  • Impeachment


Dickerson (2000)

  • Although an “invention” of the U.S. Supreme Court…

  • Congress cannot pass a law to overturn the warning requirement. (Must be by Constitutional Amendment.)


Miranda doe not apply…

  • “Routine” Traffic Stops

  • “Do you know how fast you were going?”

  • “Did you see that stop sign back there?”

  • “How much have you had to drink?”

    • ‘two beers’ = Go To Jail!


Summation

  • Miranda warnings must be given when the suspect is interrogated for any type of offense, felony, misdemeanor, or petty offense.

  • Exception: Roadside questioning on a routine traffic stop.


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