Law Case: Miranda Learnscape
Introduction:
1. I want to go over Miranda with both of you. Actually, I want the Lieutenant to do the talking. He knows more about Miranda than anyone I know.
2. I bet you say Miranda every morning, Lieutenant, just to get your day off right! That’s why I wanted Torres and Franco to learn about this from you; it’s an important issue in terms of making sure testimony is admissible.
Custodial Interrogation:
1. Fill, I’ll define custody. “Custody” is when the suspect’s freedom of movement is restrained, even if he is not under arrest.
Example Cases:
Berkemer v. McCarty (1984)
1. The Court ruled that that questions can be asked without Miranda. Motorist expects to stop to be brief, and they will be allowed to continue on their way. However, if the motorist is detained and then subjected to treatment that puts him “in custody” for all practical purposes, Miranda applies.
New York v. Quarles (1984)
No options were available.
California v. Beheler (1983).
No options were available.
Harris v. New York (1971)
1. His initial testimony was used at trial to impeach his credibility by showing he wasn’t truthful as a witness.
Error Number 1:
The suspect has not answered whether he understood his laws or not, which may make his statements inadmissible for the court. He said that he knew Miranda laws before the officer read the whole card, so it cannot be accepted as an evidence of his understanding of the law.
Error Number 2:
The officers could not continue to interview the suspect after he asked for a lawyer.
Error Number 3:
The suspects denial is not acceptable for the trial as he was not asked whether he conducted a robbery. Moreover, it was made after he requested the lawyer, but the interview was continued. Thus, suspect’s statement is self-discriminating.
Error Number 4:
The whole interrogation was involuntary because the suspect refused to talk to police prior to Miranda warning. His silence after Miranda warning should have been perceived as an assertion of his right to remain silent.
SMS questions:
1. Try to clarify if he was willing to talk to us, and then keep asking questions untill he finally responds, one way or another.
2. Admissble if she was offering up information voluntary.
3. Continue to question suspect. He has to ask for a lawyer in order to stop the questioning.
4. Continue to question suspect. He has to ask for a lawyer in order to stop the questioning.
Live Trial
Inadmissable
Admissable
Admissable
Inadmissable
Unless you have a warrant, you cannot continue the interrogation or put the person in …
