Unit 4 Seminar

Tell me what the Miranda warning is and what it means to you

Miranda Warning (1966) *”Warnings must be administered before questioning by a law enforcement officer during a custodial interrogation or when the suspect’s freedom is significantly deprived.” Warnings Include Right to remain silent Statements made may be used against him or her at trial

Warnings Include The suspect has the right to an attorney during questioning If he or she cannot afford an attorney, one will be appointed prior to any questioning, if he or she desires Does the individual understand this, also use of form However, should the defendant waive his or her Miranda rights, all statements, admissions, or confessions are admissible at trial Failure to administer the warnings can lead to suppression of all evidence obtained during interrogation or interview

Escobedo v. Illinois (1964) The Supreme Court ruled “that when a criminal investigation moves from a general inquiry concerning an unsolved crime to one that focuses on a particular individual or group of individuals, with the purpose of eliciting incriminating utterances, warnings regarding the defendant’s right to counsel need to be administered, under the assistance of counsel obligation of the Sixth Amendment. This requirement is made applicable in state criminal action through the due process provision of the Fourteenth Amendment to the United States Constitution. The Escobedo decision created the “focus test.”

After Escobedo decision, Miranda v. Arizona (1966) The High Court shifted from the “focus test” articulated in Escobedo v. Illinois, under the “totality of circumstances” approach based on the Sixth Amendment, to the Fifth Amendment based on the prohibition against self-incrimination.

What is the Fourth Amendment?

Fourth Amendment (1791) “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

What is the Fifth Amendment?

Fifth Amendment (1791) “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

What is the Sixth Amendment?

Sixth Amendment (1791) “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation: to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.”

What is the Eighth Amendment?

Eighth Amendment (1791) “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment.” What is the Fourteenth Amendment?

Fourteenth Amendment (1868) Due Process Clause has been used to apply most of the Bill of Rights to the states. This clause has also been used to recognize: (1) substantive due process rights, such as parental and marriage rights; and (2) procedural due process rights requiring that certain steps, such as a hearing, be followed before a person's "life, liberty, or property" can be taken away. The amendment's Equal Protection Clause requires states to provide equal protection under the law to all people within their jurisdictions.

What does search and seizure mean to you?

Search & Seizure A phrase, dealing with the Fourth Amendment’s protection against unreasonable searches and seizures Executed by governmental authorities (at either the state or federal level) On private persons and public and private agencies and institutions Search Incident- right of officers to search, without a warrant, a person and the area around him or her to which he or she might search, “arms reach doctrine.”

Search & Seizure The High Court ruled that the police and law enforcement agents may search the area to which a subject may reasonably reach, and most appellate courts have liberally construed the ruling to variants of the area to which the subject may lunge. What does police use of force mean to you?

Police Use of Force The use of physical restraint by a police officer when dealing with a member of the public. Eighth Amendment

Wrap Up Thanks for attending, staying focused, and participating Unit 5, Next Wednesday No seminar for Unit 5 Midterm, any questions let me know Missing assignments Next Seminar Unit 6 Have a good week, I will stay online to answer any questions