1. Arrests and Miranda

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3.  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.” 3 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

4.  Can the suspect refuse to answer questions upon arrest? ◦ Yes  How? ◦ Remain quiet ◦ Request a lawyer (or parent, if a juvenile) 4 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

5.  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 5 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

6.  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. 6 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

7.  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 7 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

8.  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. 8 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

9.  Result: ◦ Police are required to inform people, accused of a crime and taken into custody, of their Miranda rights before questioning begins. 9 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

10.  Right to remain silent ◦ SILENT means SILENT ◦ Identifying information should be given 10 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

11.  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. 11 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

12.  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. 12 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

13.  If someone cannot afford an attorney, one will be provided ◦ Court-appointed attorney or ◦ Public Defender 13 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

14.  What are the consequences if the Miranda Warning is not read when someone is placed in custody? 14 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

15.  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 15 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

16.  http://www.mirandawarning.org/ http://www.mirandawarning.org/  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 Bodenhamer http://www.sunnylandsclassroom.org/Asset.aspx?Id=1 329 http://www.sunnylandsclassroom.org/Asset.aspx?Id=1 329  The Annenberg Classroom http://www.annenbergclassroom.org http://www.annenbergclassroom.org  Justice Learning http://www.justicelearning.orghttp://www.justicelearning.org  Do an Internet search for FindLaw 16 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.