2 discussion questions (Criminal Justice)

Respond to the following: Answer the 2 discussion question. Include at least 1 reference.

A good response to a written question should combine your personal experiences with theory to support your work. Be thoughtful and insightful and it must demonstrate critical thinking and analysis. A good response to the question should be about 3-4 paragraphs, and address all of the issues that are raised. (Introduction, body and conclusion.) Thank you. When answering discussion questions use an example in your answer. These examples can be from your own experience or from something you've read in the news, on the internet, or from any other credible source

M3D1: "You have the right to..." - the Miranda Warning

Many criminal justice students have heard and seen many different myths regarding when law enforcement officials MUST give a suspect their Miranda Warnings. Incorrect application of Miranda Warnings may lead to the suppression or exclusion of critically important incriminating evidence. Consequently, in the absence of other sufficient evidence, an otherwise guilty person may be freed. When conducting investigations, law enforcement officers often must rely on statements that the defendant made at the time of arrest or subsequently. This testimonial evidence, in the absence of any physical evidence or witnesses, can be critical in successfully convicting a criminal. To ensure that citizens’ rights are protected, certain procedures must be followed; chief among them is the appropriate and correct execution of the Miranda Warning.

Additionally, the legal constraints on evidence are controlled by the Fourth and Fifth Amendments. To balance the rights of citizens versus public order, there are procedural and legal rules regarding arrest, search, and seizures, such as the Exclusionary Rule, that can affect the outcome of a case.

1. Explain and discuss the two specific conditions (i.e., triggers) that must exist before the Miranda Warning needs to be given and the two exceptions (not the waiver) to the Miranda Warning.

It is also important to recognize that the Supreme Court, in the Miranda decision, required that officers provide warnings only in those situations involving both arrest and custodial interrogation—what some call the Miranda triggers

Warnings are required only when officers begin to actively and deliberately elicit responses from a suspect who they know has been indicted or who is in custody

The two exceptions are :

Inevitable-Discovery Exception to Miranda

Public-Safety Exception to Miranda

M3D2:The Police Working Personality

A new police recruit is typically introduced to the value-laden subculture of police work – a unique socialization process. It is vital to understand this process, because the values and expectations learned through it not only contribute to the nature of many important police issues but also determine how the police view and respond to those issues, particularly integrity and corruption; however, the issue of corruption can be looked at differently. A recent study applied a new approach: rather than focusing on corruption, researchers measured the integrity of police officers and their organizations. See this report for some interesting findings: Enhancing Police Integrity (Links to an external site.)Links to an external site. [PDF file size 868 KB]

2. Discuss what, if anything, law enforcement agencies can do to improve police integrity despite the dominant forces often found within the police subculture.