1 Bakersfield College Criminal Justice Charles Feer, JD, MPA Miranda

2 5 th Amendment n No person shall be compelled to be a witness against themselves. n (No Inquisitions)

3 Miranda “Warning” n You have the right to remain silent. n I suggest you use it!

4 Real 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 have an attorney both before and during questioning. If you cannot afford an attorney, one will be appointed to you prior to any questioning.

5 Miranda Waiver Do you understand each of these rights that I have explained to you? Having these rights in mind, do you wish to talk to me now?

6 Warning requirement not in the U.S. Constitution

7 Admissions & Confessions ADMISSION – The suspect admits to some involvement to the crime CONFESSION – Suspect says that they committed the crime (all of the elements).

8 Supreme Court “Invention” n Prior to 1966 no warning of constitutional rights were required. n The “test” as to admissibility was Voluntariness. n Was a suspect’s “will” broken?

9 Voluntariness. n n Torture?

10 Application of Miranda n Custody n Questioning n Suspected of criminal involvement

11 Miranda Custody n Suspect has been taken into custody (arrest) n Suspect is deprived of their freedom “in any significant way” n Detention? n “Restraint of Freedom of Movement” (Beheler)

12 Interrogation vs. Interview? n Interrogation – is to ask questions of a suspect. n Interview – is to ask questions of non-suspects.

13 Miranda Questioning n n Interrogation – n n Questioning initiated by law enforcement officers.

14 Suspected of a Crime Questioning is related to the suspect’s involvement of a suspected crime. Investigation has “focused” on the individual as the suspect.

15 3 Question Test for Admissibility n n 1) Were the Miranda warnings given? n n 2) Was there a waiver? n n 3) Was the Waiver intelligent and Voluntary? n n If, yes (to all three) then admissible.

16 Intelligent n n Waiver is given by a suspect that knows what they are doing. n n “Competent” n n Know that they committed a crime? n n Seriousness of the crime?

17 Voluntary n n Not the result of threat, force, coercion. n n Made on their own free will. n n Written waiver makes the claim of voluntariness more credible. (Not required) n n Plea Bargain? Probation vs. 3 years in prison?

18 Voluntariness. n n Confessions and Admissions are involuntary and invalid under the Constitution only if the coercion is exerted by the police, not if exerted by somebody else.

19 Application n n Rule: n n If the individual indicates in any manner any time prior to or during questioning that he wishes to remain silent, the interrogation must cease. (Duckworth) n n So what? n n Admissibility! n n We still may want to know what suspect has to say. n n Impeachment

20 Dickerson (2000) n n Although an “invention” of the U.S. Supreme Court… n n Congress cannot pass a law to overturn the warning requirement. (Must be by Constitutional Amendment.)

21 Miranda doe not apply… n n “Routine” Traffic Stops n n “Do you know how fast you were going?” n n “Did you see that stop sign back there?” n n “How much have you had to drink?” ‘two beers’ = Go To Jail!

22 Summation n n Miranda warnings must be given when the suspect is interrogated for any type of offense, felony, misdemeanor, or petty offense. n n Exception: Roadside questioning on a routine traffic stop.