M3D1: “You have the right to…” – the Miranda Warning

Image of woman criminal in balaclava showing handcuffs on hands 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.

Before answering the discussion question, view the video, Police Questioning and Interrogation (Links to an external site.) [Video File][05 Min 08 Sec], available from the Excelsior College Virtual Library Films on Demand collection.

After reading the assignments, lectures, PowerPoint presentations, and viewing the video above, you have a better understanding of the correct application of the Miranda Warning. For this discussion address the following topics:

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.
Find a case where Miranda was not given and discuss the results of the case.
After your initial post, read and reply to at least TWO other postings made by your classmates with substantial responses that further the discussions. Remember to read and reply to questions from your instructor.

Keep the following in mind when making your posts to the discussion area:

Did you complete all of the elements required in your initial discussion post?
Did you respond to the initial posts of at least two of your fellow students?
Did you acknowledge those who responded to you, including questions from your instructor?
Were all of your posts made on time? That is, was your initial post made before Midnight Eastern Time on Thursday, and were your follow- up posts made before Midnight Eastern Time on Sunday?
Consult the Discussion Posting Guide for information about writing your discussion posts. It is recommended that you write your post in a document first. Check your work and correct any spelling or grammatical errors.

This is a post first discussion forum, which means you must submit your initial post before you can view other students posts.

When you are ready to make your initial post, click on “Reply.” Then copy/paste the text into the message field, and click Post Reply.

To respond to a peer, click Reply beneath her or his post and continue as with an initial post.