baker
prof.griff
miranda_warning.pptxMIRANDA WARNING
By (your name)
Circumstances When Miranda Rights Are Triggered
“Custody” is a limitation on an individual’s freedom of action by virtue of a lawful process or authority. With regard to criminal procedure, whether a person has officially been placed in police custody is determined on an objective test basis. The test generally measures whether a “reasonable person” would believe that officer in some way suggested that they were not free to leave and custody is therefore not limited to formal arrests. The determination of what does and does not constitute custody can be subtle.
It is more likely that an individual is in custody where:
There is a traditional arrest and constraint (handcuffs, closed room, etc.)
Detention is long and involuntary
An individual is placed in hostile and unfamiliar surroundings
It is less likely that an individual is in custody where:
There is a routine traffic stop
Detention is brief and voluntary (as in a brief field interview)
The police call an individual on the telephone (since the individual is free to hang up)
The Fifth Amendment of the U.S. Constitution provides that no persons shall be compelled to be a witness against himself…” This guarantee also applies to the states and has been interpreted to mean that individuals have a right to be free from giving self-incriminating testimony, including statements to police while in custody. The right to be free from self-incrimination forms the basis for other liberties such as the Miranda rights to remain silent and to an attorney. In order to be entitled to be read their Miranda rights, the individual must be in custody of and about to be interrogated by the police. However, even where Miranda rights are required, several exceptions exist rendering Miranda violations by police inconsequential.
In Miranda v. Arizona, the U.S. Supreme Court held that all individuals under police custody must be advised of their constitutional rights in order to ensure that they understand their Fifth Amendment right to be free from self-incrimination. Collectively, the rights of which individuals must be advised are their “Miranda rights.” Generally, police must inform suspects that they have a right to remain silent and that they have a right to an attorney, whether or not they can afford one. In addition, the police must advise that any statements made following the Miranda warning can be used as evidence against the individual in court.A person in custody may decide either to exercise or waive their rights. In general, if the individual asserts the right to silence or an attorney, the police must honor the request and cease the interrogation. In contrast, if the individual elects to waive their rights and agree to talk to the police, the interrogation may continue. However, a waiver of rights is valid only if it is made knowingly, voluntarily, and intelligently.
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