1. Miranda Warnings

2. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Objective Students will be able to explain the origin of the Miranda Warnings. Students will be able to explain the purpose of the Miranda Warnings, as they relate to Law Enforcement Student will be able to explain the Miranda warnings as they relate to Juvenile suspects, Adult Suspects and Witnesses. 2

3. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Groups Break into small groups of 2-3 people. Bring your journals! 3

4. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Discuss What is the purpose of the Miranda warnings? Related to the police? Related to the suspect? 4

5. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Miranda Warnings Warning given by police in the United States to criminal suspects in police custody before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings. 5

6. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Miranda Warning 6 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 consult with an attorney and have that attorney present during any questioning. If you cannot afford an attorney, one will be appointed for you. You may terminate this interview at anytime. Do you understand your rights?

7. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Discuss Why is it important to ask the question “Do you understand your rights?” Suspect Statement.docx 7

8. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Discuss (as class) Where did the Miranda Warnings originate? 8

9. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Ernesto Miranda 9

10. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Biography of Ernesto Miranda Ernesto Miranda AKA Ernesto Arturo Miranda Born: 9-Mar-1941 Birthplace: Columbus, AZ Died: 31-Jan-1976 Location of death: Phoenix, AZ Cause of death: Murder Gender: Male Race or Ethnicity: Hispanic Nationality: United States Executive summary: Miranda v. Arizona9-Mar194131-Jan1976Phoenix, AZMurder Military service: US Army (dishonorably discharged) 10

11. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Ernesto Miranda Criminal History Armed Robbery Los Angeles, CA (acquitted) AWOL multiple Car Theft Nashville, TN Kidnapping Phoenix, AZ (3-Mar-1966), convicted, overturned, re-convicted Rape Phoenix, AZ (3-Mar-1966), convicted, overturned, re-convicted Armed Robbery Phoenix, AZ (13-Mar-1963) Unlawful Possession of a Firearm charges droppedArmed RobberyAWOLCar TheftKidnappingRapeArmed RobberyUnlawful Possession of a Firearm 11

12. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Miranda v. Arizona Miranda Warnings came about in 1966 as the result of an arrest involving Ernesto Miranda Ernesto Miranda was accused of the kidnapping and the rape of an 18-year-old female in the state of Arizona 12

13. 13 Ernesto was arrested and the police interrogated him for two hours During the interrogation the police obtained a written and signed confession from Ernesto detailing the crime The confession was used at Ernesto's trial as evidence against him and he was ultimately found guilty.

14. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Miranda v Arizona Ernesto appealed the court’s decision Ernesto argued the following: Ernesto said he was never told that he had the right to remain silent Ernesto said he would never have confessed if he had been told about this right 14

15. 15 The Supreme Court overturned the first trial giving Ernesto a new trial without the use of the confession Ernesto was again convicted at the second trial Following the second trial the Miranda decision was then codified into the Texas Code of Criminal Procedures Article 38.22. Texas later added “you may terminate this interview at anytime” which was not part of the original Supreme Court decision.

16. 16 Miranda v. Arizona Facts In 1966, Miranda was accused of kidnapping and rape of an 18 year old female. Miranda signed a written confession and was found guilty during the first trial. Miranda appealed the decision saying he was never told he had the right to remain silent. The ruling from the first trial was overturned. Miranda was tried again and found guilty.

17. 17 Discuss Does the failure of the police to read the Miranda Warning automatically result in the suspect walking free? Yes/No Explain

18. 18 http://www.youtube.com/watch?v=rPgOynxjaSk Miranda Warnings Explained

19. 19 The result of the failure to give the Miranda warning does not automatically result in the defendant going free. It only means that the confession cannot be used against the defendant. Ernesto Miranda was tried again without the confession. He was convicted and served 11 years before he was paroled. After several other returns to prison on other charges, he was stabbed to death during an argument in a bar in 1976. He was 34. A suspect was arrested, but he chose to exercise his right to remain silent after being read his Miranda rights. The suspect was released, and no one was ever charged with the murder. Prior to Ernesto’s death he made a living selling Miranda cards which he autographed.

20. 20 Failure of the police to read the Miranda Warning does not always mean the suspect can go free, it means a confession cannot be used against a suspect. Miranda was stabbed to death, the suspect in the crime exercised his right to remain silent and was never convicted of the crime.

21. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. 21

22. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. 22

23. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Objective Explain requirements for Miranda warnings as they relate to Juvenile Suspects, Adult Suspects, and Witnesses. 23

24. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Discuss When is Miranda required for an adult suspect? 24

25. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Miranda Requirements for Adult Suspects The courts ruled that in order for the Miranda warning to be required, the circumstances had to meet two criteria. The person was in custody, and The person was interrogated 25

26. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. When is Miranda Require for Adult Suspects TWO PRONG SYSTEM The suspect is in custody The suspect is interrogated 26

27. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Discuss When is a suspect being interrogated? 27

28. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Miranda Requirements for Suspects (continued) Interrogation – Law enforcement asks the suspect(s) questions – If the suspect voluntarily offers information that is not in response to any question asked, even if he or she is in custody, the statement is admissible without the Miranda warning because the two- prong test of interrogation is not met 28

29. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Discuss When is a person in custody? 29

30. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Miranda Requirements for Suspects (continued) Suspects are considered in custody – When they are not free to leave – The court states Being physically deprived of freedom in any significant way Law enforcement has told the person he or she is not free to leave When there is probable cause to arrest and a law enforcement does not tell the person he or she is free to leave 30

31. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Custody/Interrogation Custody-When a suspect is not free to leave Interrogation- Law enforcement asks the suspect(s) questions. If a suspect makes a statement voluntarily, Miranda is not required. 31

32. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Miranda Requirements for Juvenile Suspects Child (Family Code Section 51.02) 17 years of age and younger The Miranda warning must be issued by a magistrate (judge) prior to any statement being made by a child or juvenile 32

33. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Miranda Requirements for Juvenile Suspects (continued) The Miranda warnings and statement must be in writing The statement and Miranda warnings must be signed in the presence of a magistrate (Judge) without the presence of a bailiff, prosecuting attorney, or law enforcement officer The magistrate must believe that the juvenile understood the Miranda warning and that the statement was given voluntarily; then the magistrate will sign the certification acknowledging that these occurred The juvenile must intelligently, knowingly, and willingly waive their rights before and during their statement 33

34. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Discuss What are some possible issues in getting a statement from a juvenile? 34

35. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Miranda Requirements for Juveniles Warning must be issued by a magistrate. Warnings must be in writing. Warning must be signed by the juvenile. Magistrate must believe that the juvenile understands his/her right before any questioning occurs. 35

36. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Waiver of Miranda rights Suspects must make a knowing, intelligent, and voluntary waiver of rights after they have been read their rights The court looks at two factors when allowing the waiver of rights: To be voluntary it must be the product of a free and deliberate choice, and not the product of coercion, intimidation, or deception Was it made by the defendant with full awareness of both the nature of the rights being abandoned and the consequences of the decision to abandon them 36

37. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Waiving Miranda Rights Suspects must make a knowing, intelligent, and voluntary waiver of rights after they have been read their rights before making a statement. 37

38. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Discuss When is Miranda required for a witness? 38

39. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Miranda Requirements for Witnesses There is no legal requirement for Miranda when someone is a witness; witnesses are free to leave at any time If you are arrested based on your statements as a witness, the Miranda warning would apply As a witness, if the police determine you are obstructing justice, and charge you with such, the Miranda warning then applies 39

40. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Miranda Requirements for a Witness Miranda is not required, unless you are arrested based on your statement, or if you are obstructing justice 40

41. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Resources Judge Erin Bakker http://www.fletc.gov/training/programs/legal- division/the-informer/research-by-subject/5th- amendment/juvenilemirandarights.pdf http://www.washingtonpost.com/wp- dyn/content/article/2010/06/01/AR201006010211 4.html Federal Juvenile Delinquency Act 18 USC 5033 http://uscode.house.gov/download/pls/18C403.txt http://uscode.house.gov/download/pls/18C403.txt Texas Constitution and Statutes http://www.statutes.legis.state.tx.us/ http://www.statutes.legis.state.tx.us/ 41