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Bakersfield CollegeBakersfield CollegeCriminal JusticeCriminal Justice

Charles Feer, JD, MPACharles Feer, JD, MPA

MirandaMiranda

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55thth Amendment Amendment

No person shall be No person shall be compelled to be a compelled to be a witness against witness against themselves. themselves.

(No Inquisitions) (No Inquisitions)

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Miranda “Warning”Miranda “Warning”

You have the right to You have the right to remain silent.remain silent.

I suggest you use it!I suggest you use it!

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Real Miranda Warning

•You have the right to remain Silent.

•Anything you say can and will be used against you in a court of law.

•You have the right to have an attorney both before and during questioning.

•If you cannot afford an attorney, one will be appointed to you prior to any questioning.

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Miranda Waiver

•Do you understand each of these rights that I have explained to you?

•Having these rights in mind, do you wish to talk to me now?

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Warning requirement

not in the U.S. Constitution

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Admissions & Confessions

•ADMISSION –

•The suspect admits to some involvement to the crime

•CONFESSION –

•Suspect says that they committed the crime (all of the elements).

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Supreme Court “Invention”Supreme Court “Invention”

Prior to 1966 no warning of Prior to 1966 no warning of

constitutional rights were required.constitutional rights were required.

The “test” as to admissibility was The “test” as to admissibility was

Voluntariness. Voluntariness.

Was a suspect’s “will” broken?Was a suspect’s “will” broken?

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Voluntariness.Voluntariness.

Torture?

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Application of Application of MirandaMiranda

CustodyCustody

QuestioningQuestioning

Suspected of criminal involvementSuspected of criminal involvement

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Miranda Miranda CustodyCustody

Suspect has been taken into Suspect has been taken into custody (arrest)custody (arrest)

Suspect is deprived of their Suspect is deprived of their freedom “in any significant way”freedom “in any significant way”

Detention?Detention? ““Restraint of Freedom of Restraint of Freedom of

Movement” (Beheler)Movement” (Beheler)

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Interrogation vs. Interview?Interrogation vs. Interview?

InterrogationInterrogation – is to ask questions – is to ask questions of a suspect.of a suspect.

InterviewInterview – is to ask questions of – is to ask questions of non-suspects. non-suspects.

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Miranda Miranda QuestioningQuestioning

Interrogation –

Questioning initiated by law enforcement officers.

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Suspected of a CrimeSuspected of a Crime

QuestioningQuestioning is related to the is related to the suspect’s involvement of a suspect’s involvement of a suspected crime.suspected crime.

InvestigationInvestigation has “focused” on has “focused” on the individual as the suspect.the individual as the suspect.

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3 Question Test for Admissibility3 Question Test for Admissibility

1) Were the Miranda warnings given? 2) Was there a waiver? 3) Was the Waiver

• intelligent and

• Voluntary? If, yes (to all three) then admissible.

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Intelligent Intelligent

Waiver is given by a suspect that knows what they are doing.

“Competent” Know that they committed a crime? Seriousness of the crime?

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Voluntary Voluntary

Not the result of threat, force, coercion. Made on their own free will. Written waiver makes the claim of

voluntariness more credible. (Not required)

Plea Bargain?

• Probation vs. 3 years in prison?

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Voluntariness.Voluntariness.

Confessions and Admissions are involuntary and invalid under the Constitution only if the coercion is exerted by the police, not if exerted by somebody else.

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ApplicationApplication Rule: If the individual indicates in any manner

any time prior to or during questioning that he wishes to remain silent, the interrogation must cease. (Duckworth)

So what? Admissibility! We still may want to know what suspect

has to say. Impeachment

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Dickerson (2000)Dickerson (2000)

Although an “invention” of the U.S. Supreme Court…

Congress cannot pass a law to overturn the warning requirement. (Must be by Constitutional Amendment.)

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MirandaMiranda doe not apply… doe not apply…

“Routine” Traffic Stops “Do you know how fast you were

going?” “Did you see that stop sign back there?” “How much have you had to drink?”

• ‘two beers’ = Go To Jail!

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SummationSummation

Miranda warnings must be given when the suspect is interrogated for any type of offense, felony, misdemeanor, or petty offense.

Exception: Roadside questioning on a routine traffic stop.