Warm-up Has anyone tried to get you to confess to something you didn’t do? How did this happen? Have you ever confessed to something and then regretted.

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Presentation transcript:

Warm-up Has anyone tried to get you to confess to something you didn’t do? How did this happen? Have you ever confessed to something and then regretted it? Have you ever been pressured to confess to something but held up to pressure and didn’t confess? Explain the situation. Remember to complete the Reflection Questions at the bottom!

Objective Students will be able to determine the impact the Miranda v. Arizona case had on the US legal system by analyzing the case. Students will be able to examine the significance of Miranda v. Arizona in making accused persons aware of their legal rights by simulating a police stop.

Agenda Warm-up Objective Finish up Gideon Background: Miranda vs. Arizona Classwork: Miranda and the Exclusionary Rule Review

Gideon v. Wainwright Get out your viewing questions from yesterday. We will be finishing up today.

5th Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Notes: Miranda v. Arizona Ernesto Miranda was arrested and later charged with rape and kidnapping and interrogated for two hours while in police custody. The police officers questioning him did not inform him of his Fifth Amendment right against self-incrimination, or of his Sixth Amendment right to the assistance of an attorney.

After the two hours of interrogation, he confesses to the crime. The confession is used to convict Miranda and he is sentenced to 30 years in prison.

Miranda’s lawyer appeals to the Supreme Court saying Miranda’s Fifth Amendment rights were violated.

Supreme Court Decision The Court decided that police must inform suspects of their right to remain silent/have a lawyer. Questioning must stop if suspect uses these rights.

What is the Miranda Warning? What is the warning all law enforcement must give to those they are taking into custody?

Miranda 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 an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

Classwork: Miranda and the Exclusionary Rule We will read about the Exclusionary rule and answer the questions below together. Then, we will act out the scenario “How Police Try to Get Around Miranda” and discuss the question. Lastly, you will complete the “You and the Judge” Worksheet individually. I will be collecting the packet at the end of class.

Did we cover everything? Students will be able to determine the impact the Miranda v. Arizona case had on the US legal system by analyzing the case. Students will be able to examine the significance of Miranda v. Arizona in making accused persons aware of their legal rights by simulating a police stop.