05 Miranda Warning
05 Miranda Warning
Course
Law
Enforcement I
Unit V
Arrest
Essential
Question
When must a
Miranda
warning be
issued?
TEKS
130.293(c)
(6)(B)
Prior Student
Learning
Supreme
Court
decision:
Miranda v.
Arizona
Estimated
Time
1 hour
Rationale
Suspects, witnesses, and juveniles are entitled to the same constitutional
rights as victims. The Supreme Court ruled in Miranda v. Arizona that all
persons being interrogated are entitled to be read their constitutional rights;
this was later called the Miranda warning.
Objectives
The student will be able to:
1. Define the Miranda warning
2. Explain the additional requirements above Miranda warnings for
juvenile suspects, offenders, and witnesses
Engage
Ask for student volunteers to recite the Miranda warning as they have heard
it on television. See if the students can remember all of the rights. Discuss
with the students when the Miranda rights must be read (Note: because
students are often confused by what they see on television, provide them
with an overview of what the Miranda warning really says). Use the
Discussion Rubric for assessment.
Key Points
I. Miranda v. Arizona (1966)
A. Ernesto Miranda was accused of the kidnapping and rape of an 18year-old female
B. He was identified by the girl 10 days later
C. The police interrogated Miranda for two hours
D. The police obtained a written and signed confession
E. The confession was used at the trial
F. Miranda was found guilty
G. Miranda appealed the courts decision
1. Miranda argued that he
a) Had not been told that he had the right to remain silent
b) Would not have confessed if he had been told about this
right
2. The Supreme Court overturned the trial, giving Miranda a new
trial without the use of the confession
3. Miranda was again convicted
H. The Miranda decision was then codified into the Texas Law in the
Code of Criminal Procedure Article 38.22
I. Texas added that you may terminate this interview at anytime
II. Miranda requirements for juvenile suspects
A. Child (Family Code Section 51.02)
1. Ten years of age or older and under 17 years of age
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B.
C.
D.
E.
by-subject/5th-amendment/juvenilemirandarights.pdf
Federal Juvenile Delinquency Act 18 USC 5033
http://uscode.house.gov/download/pls/18C403.txt
Texas Constitution and Statutes http://www.statutes.legis.state.tx.us/
Do an Internet search for the following: Supreme Court: Suspects must invoke
right to remain silent in interrogations
Accommodations for Learning Differences
For reinforcement, the students will research a case in which the situation
around the Miranda warning was questionable. The students will evaluate
the case to verify that the two-prong interrogation test was applied in the
ruling. The students will write a short brief about the case. Use the
Research Rubric for assessment.
For enrichment, the students will create a scenario and exchange it with
another student. The students will analyze the constitutionality of the
Miranda warning in the scenario that they received. The students must
include a detailed justification for the scenario. Use the Individual Work
Rubric for assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
130.293. Law Enforcement I (One to Two Credits).
(6) The student analyzes custody and interrogation as they relate to
The United States Supreme Court decision in Miranda v.
Arizona. The student is expected to:
(B) explain additional requirements above Miranda warnings
for juvenile suspects, offenders and witnesses
College and Career Readiness Standards
English/Language Arts Standards
IV. Listening
B. Listen effectively in informal and formal situations.
1. Listen critically and respond appropriately to presentations.
2. Listen actively and effectively in one-on-one communication
situations.
3. Listen actively and effectively in group discussions.
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Scenario 5
At 9 A.M. the defendant voluntarily went to the police station to give a written statement
about a murder in which the defendants son was a suspect. The defendant left at 11 A.M.,
but returned to the police department at 1 P.M. wanting to change her statement because it
contained a false alibi. The detective interrogated the defendant until 6 P.M., and the
defendant made inconsistent statements. No Miranda warning was given. At 7 P.M. the
defendant agreed to a polygraph test. She was told that she was not a suspect but was
given the Miranda warning. At 11 P.M. the polygraph test was over (deception was indicated)
and the interrogation resumed.
The defendant asked to speak to her husband multiple times, but the request was ignored.
The defendant complained of exhaustion, headache, and chest pains. The defendant was
checked by a medic and determined to be fine. The defendant was given drinks and
cigarettes, and was offered food but declined. The defendant was allowed bathroom breaks
but was accompanied by officers.
At 1 A.M. the defendant admitted to being present at the crime scene but denied involvement
in the crime. At 1:30 A.M. the detectives asked the defendant if she was aware that she was
not going home that night. The defendant said she had known that for a while. The
defendant was taken to another room where she made a written statement. After writing the
statement she was given the Miranda warning three times. She then signed the statement at
3:55 A.M. Was the defendant in custody?
Scenario 6
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. Was the defendants refusal to take a breath test admissible against him
at a trial?
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Scenario 5
The defendant was in custody at 1:30 A.M. when she was told that she could not go home.
Was she in custody before then? Consider the determining factors:
The length of the interrogation was 15 hours
The defendants two requests to see her husband were ignored
The defendant was accompanied by officers to bathroom
At 1 A.M. the officers had probable cause for an arrest when the defendant admitted to being
at scene. This factor turned the noncustodial encounter into a custodial one. A reasonable
person would realize the incriminating nature of this admission.
Yes, she was in custody.
Scenario 6
The defendant was in custody, but asking a defendant to submit to a breath test is not an
interrogation. Therefore, his refusal was admissible against him. Remember, the two-prong
interrogation test. The requirements for interrogation were not met; therefore, the Miranda
warning was not needed.
Yes, his refusal was admissible against him.
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Name_______________________________________
Date_______________________________
Discussion Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
N/A
Pts.
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Name______________________________________
Date_______________________________________
Objectives
3 pts.
Good
N/A
Pts.
Follows directions
Student completed the work as directed,
following the directions given, in order and to the
level of quality indicated
Time management
Student used time wisely and remained on task
100% of the time
Organization
Student kept notes and materials in a neat,
legible, and organized manner. Information was
readily retrieved
Evidence of learning
Student documented information in his or her
own words and can accurately answer questions
related to the information retrieved
*Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Total Points (20 pts.)
Comments:
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Name______________________________________
Date_______________________________________
Research Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
N/A
Pts.
Question/goal
Student identified and communicated a question
or goal of the research
Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Conclusion/Summary
Student drew insightful conclusions and
observations from the information gathered.
Information is organized in a logical manner
Communication
Student communicated the information gathered
and summary or conclusions persuasively.
Student demonstrated skill in the use of media
used to communicate the results of research
Reflection
Student reflected on the importance of the
research and its potential application
Comments:
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