1. Know Your Rights Santa Teresa High School Intro to LPSCS

2. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Miranda v. Arizona (1966) Ernesto Miranda was accused of the kidnapping and rape of an 18-year-old female He was identified by the girl 10 days later The police interrogated Miranda for two hours The police obtained a written and signed confession The confession was used at the trial Miranda was found guilty 2 Santa Teresa High School Intro to LPSCS

3. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Miranda v. Arizona (1966) (continued) Miranda appealed the court’s decision Miranda argued that he Had not been told that he had the right to remain silent Would not have confessed if he had been told about this right The Supreme Court overturned the trial, giving Miranda a new trial without the use of the confession Miranda was again convicted 3 Santa Teresa High School Intro to LPSCS

4. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Miranda Warnings Informed of the right to remain silent Informed that anything you say can be used against you Informed that you have a right to an attorney Attorney can be retained by you at no cost to government Or attorney can be appointed to you at no cost to you 4 Santa Teresa High School Intro to LPSCS

5. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Miranda Requirements for Suspects The courts ruled that in order for the Miranda warning to be required, the circumstances had to meet a two- prong test The person was in custody, and The person was interrogated 5 Santa Teresa High School Intro to LPSCS

6. 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: Arrested or its equivalent Being physically deprived of freedom in any significant way Law enforcement has told the person he or she is not free to leave Law enforcement creates a situation that would lead a reasonable person to believe that his or her freedom of movement has been greatly restricted When there is probable cause to arrest but law enforcement does not tell the person he or she is free to leave 6 Santa Teresa High School Intro to LPSCS

7. 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 Direct, express questions about an offense Indirect questions are those that are likely or the officer should know are likely to elicit an incriminating response 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 because this was not an interrogation 7 Santa Teresa High School Intro to LPSCS

8. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Miranda Requirements for Suspects (continued) 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 8 Santa Teresa High School Intro to LPSCS

9. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Miranda Requirements for Suspects (continued) Who must give the Miranda warning? Written statements – the warning must be given by a magistrate or the person to whom the statement is being made Oral statements (recommendations) Someone other than the person to whom the statement is being made can give the warning as long as they are on the recording Electronic recording of the statement: either video or audio or both Prior to making a statement, the Miranda warning must be given on the recording The defendant must waive his or her rights The recording device must be capable of making accurate recordings and the operator competent; recording must be accurate and unaltered All voices on the recording must be identified 9 Santa Teresa High School Intro to LPSCS

10. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Miranda Requirements for Juvenile Suspects New Mexico NMSA 1978, Section 32A-2-14 (F). 13 and Below Confessions, statements or admissions may not be introduced against a child under the age of 13. Ages 13-14 A confession, statement or admission by a child 13 to 14 to a person in a position of authority is presumed to be inadmissible. The State, however, may use the factors noted above to challenge this presumption. 14 and Above If the statement is determined to be voluntary, the Court must decide if Miranda rights should have been given. 10 Santa Teresa High School Intro to LPSCS

11. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Miranda Requirements for Juvenile Suspects (continued) New Mexico admissibility of juvenile statements deciding whether a child voluntarily waived his or her rights: The age and education of the child; Whether the child was in custody; The manner in which the child was advised of his or her rights. Police officers need to explain rather than just read Miranda rights; Length, circumstances, and time of day of questioning; Conditions of environment where questioning was conducted; Mental and physical condition of the child at the time of being questioned; Presence of attorney, friends or relatives at the time of being questioned. NOTE: There is no requirement that a parent must be present. 11 Santa Teresa High School Intro to LPSCS

12. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Miranda Requirements for Juvenile Suspects New Mexico Juvenile Miranda Warnings When a juvenile is detained, only two Miranda warnings are required; (1) the right to remain silent and (2) anything said can be used against you. When the detention arises to the level of a custodial (i.e. arrest) interrogation, additional Miranda rights (the right to a lawyer, etc.) must be read. 12 Santa Teresa High School Intro to LPSCS

13. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Miranda Requirements for Juvenile Suspects Texas Child (Family Code Section 51.02) Ten years of age or older and under 17 years of age Under 18 years of age who is alleged or found to have engaged in delinquent conduct or conduct indicating a need for supervision as a result of acts committed before becoming 17 years of age The Miranda warning must be issued by a magistrate prior to any statement 13 Santa Teresa High School Intro to LPSCS

14. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Miranda Requirements for Juvenile Suspects (continued) Texas admissibility of juvenile statements Must be in writing Must be signed in the presence of a magistrate 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 14 Santa Teresa High School Intro to LPSCS

15. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Miranda Requirements for Juvenile Suspects (continued) School settings Juveniles that are interrogated in a school setting will be considered “in custody” for Miranda purposes School officials are not bound by the Miranda warning and do not have to give the juvenile a warning unless they are acting as a direct agent for the police 15 Santa Teresa High School Intro to LPSCS

16. Copyright © Texas Education Agency 2012. All rights reserved. Images and other multimedia content used with permission. Miranda Requirements for Offenders If the offender is in custody because of an offense other than the one he or she is being questioned about, the court says these factors must be considered when determining the need for the Miranda warning: The language used to summon the offender The physical surroundings of the interrogation The extent to which the offender is confronted with the evidence of guilt The additional pressure exerted to detain the offender or the change in surroundings of the offender which results in an added imposition on the offender’s freedom The offender’s freedom to leave the scene and the purpose, place, and length of the questioning 16 Santa Teresa High School Intro to LPSCS

17. 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 17 Santa Teresa High School Intro to LPSCS