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Bakersfield College Criminal Justice Charles Feer, JD, MPA

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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  1. Miranda Bakersfield CollegeCriminal JusticeCharles Feer, JD, MPA

  2. 5th Amendment • No person shall be compelled to be a witness against themselves. • (No Inquisitions)

  3. Miranda “Warning” • You have the right to remain silent. • I suggest you use it!

  4. 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.

  5. 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?

  6. Warning requirement not in the U.S. Constitution

  7. Admissions & Confessions • ADMISSION – • The suspect admits to some involvement to the crime • CONFESSION – • Suspect says that they committed the crime (all of the elements).

  8. 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?

  9. Voluntariness. • Torture?

  10. Application of Miranda • Custody • Questioning • Suspected of criminal involvement

  11. 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)

  12. Interrogation vs. Interview? • Interrogation – is to ask questions of a suspect. • Interview – is to ask questions of non-suspects.

  13. Miranda Questioning • Interrogation – • Questioning initiated by law enforcement officers.

  14. 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.

  15. 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.

  16. Intelligent • Waiver is given by a suspect that knows what they are doing. • “Competent” • Know that they committed a crime? • Seriousness of the crime?

  17. 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?

  18. 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.

  19. 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

  20. 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.)

  21. 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!

  22. 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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