4 Miranda Rights“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.”Created in 1966 as a result of the US Supreme Court case of Miranda v. Arizona.Intended to protect the suspect’s Fifth Amendment right to refuse to answer self-incriminating questions.1963 – Ernesto Miranda confessed to rape and kidnapping w/out being informed of his right against self-incrimination and right to have an attorneySupreme Court – for a confession to be considered valid, a suspect must be informed of his rights
5 Investigation What happens? Police present evidence of probable cause to judgeJudge issues search warrantPolice conduct searchPolice seize evidence & talk to witnessesPolice present evidence to a prosecutor
6 ArrestWhat happens?Police present evidence of probable cause to judgeJudge issues arrest warrantSuspect is read Miranda rightsSuspect is arrestedSuspect is bookedA person is not necessarily under arrest because he voluntarily accompanies the police to the police station or submits to police interrogation.Typically police are empowered to make warrantless arrests for misdemeanors occurring in their presence, certain misdemeanors occurring outside their presence, and felonies.
7 Pretrial What happens? Suspect makes initial appearance in court Suspect is released on bailGrand jury hears caseSuspect may receive plea bargainSuspect is arraignedThe grand jury is investigatory and accusatory body acting under the authority of the court. The prosecutor presents witness testimony and other forms of evidence before the grand jury for their consideration. The imposition of the grand jury into the accusatory process was designed as a check on unbridled government power to prosecute. Unfortunately, there is little to no judicial oversight of the grand jury process. The prosecutor, in reality, controls the entire process.Following the prosecution’s presentation, the grand jury votes on whether there is “probable cause” to believe that the accused has committed the crime or crimes charged. The grand jurors do not determine guilt or innocence.
8 TrialWhat happens?Jurors are selected randomly and are sent jury summonsJurors may be challenged “for cause”Lawyers issue preemptory challengesProsecution & Defense present evidence and call witnessesJurors deliberateJury foreman announces verdict
9 Sentencing & Appeals What happens? Judge requests pre-sentence report Judge chooses to apply indeterminate sentenceDefendant may request appealAppeals Court may deny appeal
10 Corrections What happens? Prisoner is sent to prison Prisoner applies for paroleParole board hears testimony & examines evidencePrisoner may be released
11 The Case of Dwight Dexter With your group, you will review exhibits from the case of Dwight Dexter to determine if his civil rights were upheld during his trial and appealAnswer bullet-point questions in the packet.Don’t worry about the one of the last page that asks you to refer back to Chapter 16.
12 DebriefingWere the rights of Dwight Dexter upheld during the investigation and arrest? Why or why not?Were the rights of Dwight Dexter upheld during the jury selection? Why or why not?According to the Supreme Court precedents mentioned in Exhibit C, were the rights of Dwight Dexter upheld in the criminal justice process? Why or why not?
13 ReflectionDo you think our court system is just?Why or why not?