Entry Into the System Arrests and Miranda

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Fifth Amendment Right to a grand jury Protection against double jeopardy Protection against self-incrimination Right to due process Custody occurs when There has been a formal arrest OR The person is not free to leave A reasonable person felt that he had been detained and was unable to leave. If a defendant comes voluntarily to the station for questioning, custody will probably not be found to exist. Accused does not have to answer questions when “in custody.”

Self-Incrimination Can the suspect refuse to answer questions upon arrest? Yes How? Remain quiet Request a lawyer (or parent, if a juvenile)

Decision to Arrest Without an Arrest Warrant: Criminal conduct observed by law enforcement officer Officer establishes probable cause to arrest individual Responds to dispatch Individual matches description Individual is identified by a witness

Decision to Arrest (continued) With an Arrest Warrant Investigation of reported crime Complaint filed before a judge or magistrate Complainant (law enforcement officer) describes and swears to facts of alleged crime The judge or magistrate finds that there is probable cause to believe that an offense has been committed and that the accused committed it. THEN, Arrest Warrant is Issued.

Miranda Warning Miranda v. Arizona (1966) Ernesto Miranda Accused of kidnapping and raping an 18-year old Identified by the girl ten days later Police interrogated Miranda for two hours Obtained written and signed confession Confession used at trial Miranda fount GUILTY

Miranda Warning (continued) Miranda v. Arizona (1966) Miranda appealed Argued that had not been told he had a right to remain silent or right to counsel Argued that he would not have confessed if he had been advised of these rights Supreme Court ruled that the confession could not be used at trial – granted a retrial WITHOUT the confession Convicted in retrial Side note: Once Miranda was released from serving sentence, he was killed in a barroom fight over a $3 bet. The suspects were properly read their Miranda rights.

Miranda Warning (continued) Result: Police are required to inform people, accused of a crime and taken into custody, of their Miranda rights before questioning begins.

Miranda Warning (continued) Right to remain silent SILENT means SILENT Identifying information should be given

Miranda Warning (continued) Anything you say can and will be used against you in a court of law Even if cooperate with police Even if police say they WON’T use it Even if police say they have evidence, but do not If arrested, be polite but stay quiet and wait for a lawyer.

Miranda Warning (continued) Right to an Attorney During interrogation As soon as a lawyer is asked for, the police must stop asking questions until the attorney is present.

Miranda Warning (continued) If someone cannot afford an attorney, one will be provided Court-appointed attorney or Public Defender

Miranda Warning (continued) What are the consequences if the Miranda Warning is not read when someone is placed in custody?

Miranda Warning (continued) If Miranda Warning is not read to the accused: The Statements or Confessions cannot be used against the individual at trial The evidence obtained based on statements or confessions will likely be thrown out, too

Resources The Courts and Criminal Procedure, Instructional Materials Service, Trade and Industry Education Criminal Courts: Structure, Process, & Issues (2nd Edition), Dean John Champion, Richard D. Hartley, & Gary A. Rabe Our Rights (1st Edition), David Bodenhamer http://www.sunnylandsclassroom.org/Asset.aspx?Id=1329 The Annenberg Classroom http://www.annenbergclassroom.org Justice Learning http://www.justicelearning.org Do an Internet search for findlaw.