Miranda Warnings Your Miranda Rights You have the

Miranda Warnings

Your Miranda Rights You have the right to remain silent; Anything you say can be used against you in a court of law; You have the right to consult with a lawyer and have that lawyer present during the interrogation;

Your Miranda Rights Continued If you cannot afford a lawyer, one will be appointed to represent you; You can invoke your right to be silent before or during an interrogation, and if you do so, the interrogation must stop. You can invoke your right to have an attorney present, and until your attorney is present, the interrogation must stop.

When is it necessary? There are two very basic prerequisites : The suspect is in police custody The suspect is under interrogation

Scenario 1 The defendant and his wife were involved in a car accident. The officer arrived shortly after the accident to investigate. The officer asked both the defendant and his wife who was driving and both say it was the wife. Later the scene investigation revealed that the wife’s injuries are consistent with her sitting in the passenger seat during the accident. The officer confronted the defendant with this information and the defendant then admitted that he was the driver. The officer smelled alcohol on the defendant. The officer administered field sobriety tests. The defendant failed the tests, was placed under arrest, and read the Miranda warning. Was the defendant in custody when he admitted to being the driver?

Scenario 2 The defendant was incarcerated on Offense A. The defendant was told by guards that an officer was coming to talk to him. The defendant voluntarily went to the interview. The defendant was not restrained. The defendant gave a statement admitting to Offense B. The interview room was well lit and had two windows with a view to the prison administration offices. The door to the interview room was unlocked. Was the Miranda warning required?

Scenario 3 The defendant was pulled over on a valid traffic stop. The odor of alcohol was detected on him. A field sobriety test was administered. The defendant failed the field sobriety test. The defendant was arrested and taken to the police department. No Miranda warning was given. At the police department the defendant was asked by the officer to take a breath test. The defendant refused. Waste defendant’s refusal to take a breath test admissible against him at a trial?

The Sixth Amendment "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 defence. "

“Right to a speedy and public trial” How do we define speedy? Why public?

Impartial Jury 12 Angry Men What does it mean to be impartial? What are some issues that may come with jury selection?

“To be informed of the nature and cause of the accusation” Why is this included?

“To be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor” Why both?

“and to have the Assistance of Counsel for his defence. " Can you defend yourself in court?

Harry Potter in court Public Trial? Jury? Informed of charges? Witnesses? Counsel?

Gideon v. Wainwright Charged with felony breaking and entering. Requested a public defender, but not provided one. Found guilty, sentenced to 5 years in prison

Primary Document Activity Analyze the ruling of Gideon’s case. Why is this important?

Gideon v. Wainwright Petitions the Supreme Court Unanimously decides to throw out his conviction States must provide defense like in federal court Landmark case related to the Sixth Amendment

Escobedo v. Illinois Escobedo was arrested and taken for questioning. He was refused a lawyer. Escobedo confessed to murder

Escobedo v. Illinois Appealed to the Supreme Court Was Escobedo denied the right to counsel as guaranteed by the Sixth Amendment? Decision: First time the absolute right to silence was mentioned. Escobedo was not informed of his rights Relates to 5 th/6 th Amendments