CRIMINAL LAW AND PROCEDURE

Everyone has heard or seen the “Miranda Rights” on television and/or in movies. In fact, most people could probably recite what they are without reading the actual U.S. Supreme Court case or reviewing a criminal law textbook. However, there are a number of factors at play that determine when the Miranda rights must be given to a suspect. Does an officer have to Mirandize you if he walks up on the street and says, “How are you today?” When do constitutional provisions “kick in”?

YOUR ASSIGNMENT IS TO:

How would you explain the Miranda warnings and their significance to a friend of yours not in the criminal justice field?

At a minimum, address the following questions ANSWER EACH LETTER THOROUGHLY...

1. What does the Fifth Amendment of the U.S. Constitution mean when it states that a person shall not “be compelled in any criminal case to be a witness against himself”?
2. When must a police officer read an accused their “Miranda warnings”?
3. If a police officer violates a defendant’s Fifth Amendment right against self-incrimination, what happens to the criminal case against that defendant?

Your initial post should be at least 400 words in length.

Support your claims with examples from the required material(s) and/or other scholarly resources, and properly cite any references.