1. Amendments in ACTION: The Fifth Amendment
Miranda rights and other procedures to ensure fairness

2. The 5th Amendment
5th Amendment:

3. The 5th Amendment Protects against self-incrimination-
Double Jeopardy-
Due Process-

4. Miranda v. Arizona (1966) Miranda v. Arizona- Escobedo v Illinois-
Gideon v. Wainwright-

5. If you can’t afford an attorney, one will be provided
Miranda RIGHTS
Right to remain silent
Right to a lawyer
If you can’t afford an attorney, one will be provided

6. WHEN DO MIRANDA RIGHTS APPLY?
When the following standard is met:
CUSTODIAL
POLICE
INTERROGATION

7. CUSTODY: Arrest Deprived of freedoms of action
Would not feel free to leave the place of questioning
NOT a Stop and Frisk
NOT If you voluntarily go to the police station-- not custody

8. “So long as a reasonable person would feel free to disregard the police and go about his business, the encounter is consensual and will not trigger Fourth Amendment protections unless it loses its consensual nature.”

9. INTERROGATION:
Interrogation:

10. after MIRANDA, What is next?
INVOKE:
Stay silent and/or get a lawyer
WAIVE:
Talk to police with or without a lawyer
Can answer some, then decide you want a lawyer. Police must stop. Minnick v. MD
3:4 waive Miranda

11. after MIRANDA, What is next?
Interrogation- to determine the truth
To get a confession
Confessions must be free and voluntary to be legal
Brown v MS- physical coercion to obtain confessions violates the 14th Amendment

12. Other important things to know
Exercising your rights cannot be used against you
Physical evidence the police find can still be used against you, even if they fail to read you your rights
Police can use trickery – they just can’t “overbear personal will”

13. ACTIVITY Should the confession be allowed? Was there custody?
Would a reasonable person feel free to leave?
Was there interrogation?
Was there direct questioning or some interaction reasonably expected to get a response?
If both are not present, the officer does not need to read the defendant his or her Miranda rights.