Miranda Warnings?

Question

I have to do a 3 minute "mock" teaching of the Miranda Warnings. It doesn't matter which direction I come to it from (legal, law enforcement, K-9 Handler, history) just as long as Miranda Warnings is my subject. Visual handouts will dramatically increase my grade. Does anyone have any ideas or suggestions?

Answer 1

There are actual cards with them printed out that some cops carry. Grab a handful of those and hand them out. You should be able to get them at a police gear store, or an army/navy store.

Answer 2

Most people have been watching too much television and are under the misconception that a suspect must be Mirandized immediately upon being arrested. Not so, According to then U.S. Supreme Court Chief Justice Earl Warren, who gave the majority opinion. He stated that a Miranda admonishment must be given prior to a custodial interrogation or when attempting to elicit incriminating statements from a suspect. The warning shall be as follows: (1) You have the right to remain silent, (2) You have the right to have an attorney present prior to being questioned, (3) If you waive your right to an attorney and answer questions, any incriminating statements may be used against you in a court of law, (4) In the event that you can't afford an attorney of your own, one will provided to you by the Public Defenders Office, (5) Do you understand your rights as I given you? That's it, feel free to copy the Miranda admonishment as handout material.

Answer 3

In 1966 Arizona police arrested Miranda for rape, he was interrogated and confessed to the assault. Miranda was sentenced to the state penitentary and his lawyer began appeals. The original decision was upheld until the Supreme Court heard the case. The case Miranda V. Arizona was overturned due to the fact that Miranda had not been advised of his rights prior to the interrogation. He was released from prison shortly thereafter. From then on all law enforcement agencies had to advised suspects of their rights before questioning. If questioning a witness, not a suspect, you do not have to provide them with a Miranda Warning. Just a little FYI about 10-12 years after Miranda was released from prison he was stabbed to death in a barfight.

Answer 4

If you go to your local police department, they might be able to give you a Miranda card that officers also carry. That would be good to have for your presentation.

These Miranda Rights/warnings are your RIGHTS when you are arrested. These rights are very important, they are there to benefit you when questioned. You can find it with a simple search on the internet. Also do a search on Miranda vs. Arizona, that is the origin for Miranda rights.

But here it is:

You have the right to remain silent and refuse to answer questions. Do you understand?

Anything you do say may be used against you in a court of law. Do you understand?

You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?

If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?

If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?

Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Answer 5

You've received a lot of good information, and I would like to add to it. Miranda Warnings protect the individual against self incrimination. On the line that states "Anything you say or do..., I would change it to, Anything you say, do, or Write..... . Not only are these Warnings required to be read, but you also have to ask the individual if he/she understands them. If the person states that they don't, be prepared to explain them. You may also be required to state, and explain them in court. It's best to carry a pre printed card. Any information given prior to the person being told he/she is under arrest is admissable as evidence. Now, it get's a little confusing. After you've told the person that he/she has the right to remain silent, does he/she have to answer questions?. Two part answer. Yes, if it pertains to identification, name, address, etc. No, if it could mean self incrimination, unless an attorney is present, and advises his client to answer. Another line in the Miranda Warning states, " If you can not afford an attorney, one will be appointed....This is generally done in court.

Answer 6

The Miranda warning is a police warning that is given to criminal suspects in police custody in the United States before they are asked questions relating to the commission of crimes.

Though every U.S. jurisdiction has its own regulations regarding what, precisely, must be said to a person when they are arrested, the typical warning is as follows:

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 an attorney. If you cannot afford an attorney, one will be provided for you.

My own department requires an additional endorsement of acknowledgement of understanding and whether or not they (suspect) wishes to be represented by an attorney.

(Do you understand your rights as I've advised them?)
(Do you wish to speak with us at this time?)

The courts have since ruled that the warning must be "meaningful", so it is usually required that the suspect be asked if he understands his rights. Sometimes, firm answers of "yes" are required. An arrestee's silence is not a waiver. Evidence has been ruled inadmissible because of an arrestee's poor knowledge of English and the failure of arresting officers to provide the warning in the arrestee's language.

The below website has more information concerning the "Miranda Warning" to help with your class.

Best wishes!

Answer 7

You can find some really good info on Miranda warning on wikipedia. you might want to talk about how it came about and why it's important.

Answer 8

Ask your local police department if they have a card the officers carry, also most departments have written consent forms they have the suspects sign, these would be good.

Answer 9

Do what the cops in Ft Oglethorpe GA do. Haul in a crime victim and tell them they are talking about the assault they just suffered. Then, threaten to arrest their 18 year old daughter if they don't start confessing to some crimes. Tell the victim to confess to something - and keep the victim of a violent crime for four hours. Then, tell the victim that it was actually an interrogation and everything that has been said has been taped and will be used against her. No rights offered or given or attorney offered. GREAT system!!!