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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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5 th amendment
5th Amendment
  • No person shall be compelled to be a witness against themselves.
  • (No Inquisitions)
miranda warning
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?

Admissions & Confessions

  • The suspect admits to some involvement to the crime
  • Suspect says that they committed the crime (all of the elements).
supreme court invention
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?
application of miranda
Application of Miranda
  • Custody
  • Questioning
  • Suspected of criminal involvement
miranda custody
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 vs. Interview?
  • Interrogation – is to ask questions of a suspect.
  • Interview – is to ask questions of non-suspects.
miranda questioning
Miranda Questioning
  • Interrogation –
  • Questioning initiated by law enforcement officers.
suspected of a crime
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
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.
  • Waiver is given by a suspect that knows what they are doing.
  • “Competent”
  • Know that they committed a crime?
  • Seriousness of the crime?
  • 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?
  • 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.
  • 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
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
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!
  • 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.