STREET LAW:
MiRAndA RighTS
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Miranda Rights - Law of Criminal - Lecture Slides, Slides of Criminal Law
These are the important key points of lecture slides of Law of Criminal are: Miranda Rights, Street Law, Entry Task, Important Things, Witness Against Himself, Right to Remain Silent, Right to a Lawyer, Supreme Court, Protection, Actual Text
Typology: Slides
2012/2013
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STREET LAW:
MiRAndA RighTS
EnTRY TASK
- Describe a time when someone wanted to talk about something or asked you about something you didn’t want to talk about. - What happened? - How did it make you feel? - How did you respond? - Did you feel free to say no?
MiRAndA RighTS
Important things
you should know!
ThE 5 Th^ AMEndMEnT
TEXT: “No person…shall be compelled in any criminal case to be a witness against himself.”
Basically, the right of the people not to testify against themselves.
WhEn do MiRAndA RighTS AppLY?
CUSTODIAL POLICE INTERROGATION
WhAT iS cuSTodY?
- Where a reasonable person would not feel free to leave
- Not just an arrest
- If you voluntarily go to the police station, it is not custody
WhAT iS inTERRogATion?
Direction questioning
OR
Interaction that is reasonably
expected to get a response
if An officER REAdS YouR MiRAndA RighTS, WhAT ARE YouR opTionS?
- INVOKE: exercise your rights
- Stay silent and/or get a lawyer
- WAIVE: agree not to use these rights
- Talk to police with or without a lawyer
inVoKing YouR RighTS
YOU MUST BE VERY CLEAR!!!
You must clearly say you’re staying silent
Your actions can be used against you even if you have not said a word.
AfTER inVoKing YouR RighTS
Your actions or words can still be considered a waiver
- If you ask something like, “What is going to happen to me?” this will waive your right to remain silent
- BUT basic conversation does not count – you can ask for water, etc.
TAKEAWAY MESSAgES
BE CLEAR!
KNOW YOUR RIGHTS!
AcTiViTY
Should the confession be allowed?
- Was there custody?
- Would a reasonable person feel free to leave?
- Was there interrogation?
- Was there direct questioning or some interaction reasonably expected to get a response?
If both are not present, the officer does not need to read the defendant his or her Miranda rights.
AcTiViTY
Scenario #2: the sudden confession The statement CAN be used. CUSTODY? Yes. The defendant was under arrest in a police car. INTERROGATION? No. The officers did not directly question the defendant or say anything that would likely cause him to confess.
AcTiViTY
Scenario #3: the speeding driver The statement CAN be used. CUSTODY? No. Routine traffic stops are not custody because they do not impair a person’s right to remain silent. INTERROGATION? Yes. The officers did directly question the defendant.