arrests and miranda. copyright © texas education agency 2011. all rights reserved. images and other...

Entry Into the System Arrests and Miranda

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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.”

Fifth Amendment

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Can the suspect refuse to answer questions upon arrest?

◦ Yes

How?◦ Remain quiet◦ Request a lawyer (or parent, if a juvenile)

Self-Incrimination

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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

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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.

Decision to Arrest (continued)

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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

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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)

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Result:

◦Police are required to inform people, accused of a crime and taken into custody, of their Miranda rights before questioning begins.


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Right to remain silent

◦SILENT means SILENT

◦Identifying information should be given


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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.


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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.


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If someone cannot afford an attorney, one will be provided

◦Court-appointed attorney or◦Public Defender


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


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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


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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 Bodenhamerhttp://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.

Resources

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https://webmail.unt.edu/OWA/redir.aspx?C=baa7f54da03447209f6e4080097bcc60&URL=http%3A%2F%2Fwww.sunnylandsclassroom.org%2FAsset.aspx%3FId%3D1329

https://webmail.unt.edu/OWA/redir.aspx?C=baa7f54da03447209f6e4080097bcc60&URL=http%3A%2F%2Fwww.annenbergclassroom.org

https://webmail.unt.edu/OWA/redir.aspx?C=baa7f54da03447209f6e4080097bcc60&URL=http%3A%2F%2Fwww.justicelearning.org

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