Amendments in ACTION: The Fifth Amendment

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Presentation transcript:

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

The 5th Amendment 5th Amendment:

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

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

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

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

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

“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.”

INTERROGATION: Interrogation:

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

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

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”

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.