Miranda Rights. Interrogations and Confessions
|
|
- Rosamund Armstrong
- 5 years ago
- Views:
Transcription
1 Miranda Rights Interrogations and Confessions
2 Brae and Nathan
3 Agenda Objective Miranda v. Arizona Application of Miranda How Subjects Apply Miranda Miranda Exceptions Police Deception Reflection
4 Objective Students will understand legal issues behind conducting interviews and interrogations as a patrol officer.
5 Miranda v. Arizona (1966) Ernesto Miranda was a poor Mexican immigrant living in Phoenix, Arizona, in Miranda was arrested after a victim identified him in a police lineup. Miranda was charged with rape and kidnapping and interrogated for two hours while in police custody. The police officers questioning him did not inform him of his Fifth Amendment right against self-incrimination, or of his Sixth Amendment right to the assistance of an attorney. As a result of the interrogation, he confessed in writing to the crimes with which he was charged. His written statement also included an acknowledgement that he was aware of his right against self-incrimination. Convicted, sentenced to 30 years in prison
6 Miranda s Appeal Miranda's defense attorney appealed to the Arizona Supreme Court. His attorney argued that his confession should have been excluded from trial because he had not been informed of his rights, nor had an attorney been present during his interrogation. The police officers involved admitted that they had not given Miranda any explanation of his rights. They argued, however, that because Miranda had been convicted of a crime in the past, he must have been aware of his rights. The Arizona Supreme Court denied his appeal and upheld his conviction. The case was appealed to the US Supreme Court.
7 Supreme Court In a landmark ruling, the court stated that the burden in on the police to inform a suspect of his 5 th amendment right to remain silent, and his 6 th amendment right to have a lawyer before any questioning or interrogation. (Miranda Rights) Miranda was later re-tried and convicted on the basis of other evidence, and served 11 years. He was paroled in 1972, and died in 1976 at the age of 34, after being stabbed in a bar fight. A suspect was arrested but chose to exercise his right to remain silent, and was released.
8 Miranda v. Arizona (1966) Police must inform a suspect of his or her rights before interrogation because being interrogated while in custody is an inherently coercive situation. These include: 1. The right to remain silent (5th Amendment "No selfincrimination) 2. Anything you say can and will be used against you in a court of law 3. You have the right to an attorney (6th Amendment "Right to counsel") 4. If you cannot afford an attorney, one will be provided to you 5. If you choose to answer any questions, you may cease to answer questions at any time
9 Check on learning Who was Ernesto Miranda and why is he important? Explain each Miranda right.
10 Miranda Rights Application Miranda rights must be given regardless of the severity of the offense (Berkemer v. McCarty 1984) An officer need not use the precise language of the Miranda decision provided the warnings reasonably convey the suspect rights (US v Frankson 1996)
11 When Miranda Rights Apply A suspect is only afforded these rights during a custodial interrogation conducted by a police officer (both elements must be present "custody" and "interrogation" before the requirement that the warnings be given arise) 1. Custody (arrest) 2. Interrogation If one of these two are missing, the police officer is NOT required to read the suspect his rights
12 Check on learning When do Miranda rights apply?
13 Custody Legal status by which a person has been formally arrested or is deprived of his or her freedom of movement associated with an arrest A motorist stopped for an ordinary traffic violation is NOT in "custody" for Miranda purposes Questions asked during a routine investigation (Terry Stop) does NOT constitute being in "custody" for Miranda purposes
14 Interrogation Questioning conducted by police officers, either direct questioning or any comments or actions likely to elicit an incriminating response Spontaneous comments that are not a result of interrogation may be used against you Only applies to testimony, NOT physical evidence Routine booking questions, such as name, address, height, weight, eye color, finger prints, and age do NOT constitute interrogation
15 Interrogation Submitting voice and handwriting samples does NOT constitute interrogation Standing in a line-up or submitting a photograph does NOT constitute interrogation Submitting blood or DNA does NOT constitute interrogation however 4th Amendment protections apply (warrant requirement)
16
17
18 Okay! Okay! I ll talk! I ll talk! Please, just don t eat any more bacon!
19
20 Check on learning Define custody. Define interrogation.
21 Invoking Your Rights Self-incrimination only applies to you. You can be made to testify against someone else: "to rat out a friend or family member Trammel v. US (1980): Exception: A husband cannot be made to testify against his wife or vice versa
22 Invoking Your Rights Edwards v. Arizona (1981): Detained suspect asks to speak with a lawyer, police must stop the questioning, cannot restart the questioning, unless the suspect reinitiates the questioning on his own. Maryland v. Shatzer (2010): Police can make a 2 nd attempt at questioning a suspect who has invoked his Miranda rights, but they must wait until 14 days after the suspect has been released from custody
23 Check on learning Explain the accused s rights against self incrimination. Can a husband be forced to testify against his wife? What must police do if a suspect requests a lawyer during a custodial interrogation? When can police re-approach a suspect after they have exercised their Miranda rights?
24 Miranda Exceptions A suspects un-mirandized statements that lead police to physical evidence is admissible, even though the underlying statements themselves are not (US v. Patane 2004) Public Safety Exception: A suspects un- Mirandized statements can be used against him if the questions were prompted out of concern for the officers safety or the public's safety (New York v. Quarles 1984)
25 Check on learning Name two Miranda exceptions.
26 Was the statement voluntary? Involuntary or forced statements or confessions cannot be used against you in court Threats or torture by police? Police withhold food, water, restroom, or medical care? Manner and length of interrogation Age and intelligence of defendant Education and health False promise Maximum jail time not a threat
27 Police Deception Statement obtained by police deception (false witness or evidence) are generally admissible as long as the deceit did not nullify Miranda Warnings. Some courts have drawn a bright line between verbal falsehoods, which are permitted, and falsehoods included in documentation manufactured for the purpose of deceiving a defendant which are NOT permitted (State v. Cayward 1989)
28
29
30
31
32 Check on learning What are some ways the courts use to determine if a statement was made voluntarily? Can the police deceive defendants?
33 Reflection Write a paragraph on whether or not they believe Miranda and its application to be fair in the criminal justice world.
LESSON PLAN FOR CONDUCTING A UNIT OF INSTRUCTION IN MIRANDA v. ARIZONA YOU HAVE THE RIGHT TO REMAIN SILENT
LESSON PLAN FOR CONDUCTING A UNIT OF INSTRUCTION IN MIRANDA v. ARIZONA YOU HAVE THE RIGHT TO REMAIN SILENT Law Enforcement Services I / 10th 12th Grade Created By: Becky Holliday and Valerie Jackson (June
More informationBALTIMORE CITY SCHOOLS Baltimore School Police Force MIRANDA WARNINGS
MIRANDA WARNINGS This Directive contains the following numbered sections: I. Directive II. Purpose III. Definitions IV. General V. Juveniles VI. Effective Date I. DIRECTIVE It is the intent of the Baltimore
More informationSUBJECT: Sample Interview & Interrogation Policy
TO: FROM: All Members Education Committee SUBJECT: Sample Interview & Interrogation Policy DATE: February 2011 Attached is a SAMPLE Interview & Interrogation policy that may be of use to your department.
More informationA digest of twenty one (21) significant US Supreme Court decisions interpreting Miranda
From Miranda v. Arizona to Howes v. Fields A digest of twenty one (21) significant US Supreme Court decisions interpreting Miranda (1968 2012) In Miranda v. Arizona, the US Supreme Court rendered one of
More informationIN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA : : CR-1063-2016 v. : : KNOWLEDGE FRIERSON, : SUPPRESSION Defendant : Defendant filed an Omnibus Pretrial Motion
More informationSay What?! A Review of Recent U.S. Supreme Court 5 th Amendment Self-incrimination Case Law
Say What?! A Review of Recent U.S. Supreme Court 5 th Amendment Self-incrimination Case Law POPPI RITACCO Attorney Advisor / Senior Instructor State and Local Training Division Federal Law Enforcement
More informationThe Law of Interrogation in North Carolina
The Law of Interrogation in North Carolina Jeff Welty December 2011 1. Voluntariness a. Generally. A suspect s statement is voluntary if it is the product of an essentially free and unconstrained choice
More informationDISSENTING OPINION BY NAKAMURA, C.J.
DISSENTING OPINION BY NAKAMURA, C.J. I respectfully dissent. Although the standard of review for whether police conduct constitutes interrogation is not entirely clear, it appears that Hawai i applies
More informationSAN DIEGO POLICE DEPARTMENT PROCEDURE
SAN DIEGO POLICE DEPARTMENT PROCEDURE DATE: MARCH 1, 2013 NUMBER: SUBJECT: RELATED POLICY: ORIGINATING DIVISION: 4.03 LEGAL ADMONITION PROCEDURES N/A INVESTIGATIONS II NEW PROCEDURE: PROCEDURAL CHANGE:
More informationCriminal Justice Process
Criminal Justice Process 1. Describe the basic steps that are followed when a crime is investigated. (See the chart on page 135) Search and Seizure Warrant file an affidavit (sworn statement of facts)
More informationSTATE OF NORTH CAROLINA v. CRYSTAL STROBEL NO. COA Filed: 18 May 2004
STATE OF NORTH CAROLINA v. CRYSTAL STROBEL NO. COA03-566 Filed: 18 May 2004 1. Confessions and Incriminating Statements--motion to suppress--miranda warnings- -voluntariness The trial court did not err
More informationMR. FLYNN: Mr. Chief Justice, may it please the Court: This case concerns itself with the conviction of a defendant of two crimes of rape and
MR. FLYNN: Mr. Chief Justice, may it please the Court: This case concerns itself with the conviction of a defendant of two crimes of rape and kidnapping, the sentences on each count of 20 to 30 years to
More informationIN THE COURT OF APPEALS OF THE STATE OF OREGON
No. 131 March 25, 2015 41 IN THE COURT OF APPEALS OF THE STATE OF OREGON STATE OF OREGON, Plaintiff-Respondent, v. ROBERT DARNELL BOYD, Defendant-Appellant. Lane County Circuit Court 201026332; A151157
More informationNo. 112,329 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS Plaintiff-Appellant. vs. NORMAN C. BRAMLETT Defendant-Appellee
FLED No. 112,329 JAN 14 2015 HEATHER t. SfvilTH CLERK OF APPELLATE COURTS IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS Plaintiff-Appellant vs. NORMAN C. BRAMLETT Defendant-Appellee BRIEF
More informationBERKELEY POLICE DEPARTMENT. DATE ISSUED: February 28, 2005 GENERAL ORDER I-18 PURPOSE
SUBJECT: INTERVIEWS AND INTERROGATIONS PURPOSE 1 - The purpose of this General Order is to establish procedures to be used in interviews and interrogations. DEFINITION 2 - For the purpose of this Order,
More informationIn the Missouri Court of Appeals Eastern District
In the Missouri Court of Appeals Eastern District DIVISION II STATE OF MISSOURI, ) No. ) Appellant, ) ) Appeal from the Circuit Court ) of Marion County - Hannibal vs. ) Cause No. ) JN, ) Honorable Rachel
More informationMEMORANDUM OPINION WILLOCKS, HAROLD W. L., Judge of the Superior Court.
2011 WL 921644 (V.I.Super.) Judges and Attorneys Only the Westlaw citation is currently available. Superior Court of the Virgin Islands, Division of St. Thomas and St. John. PEOPLE OF the VIRGIN ISLANDS,
More informationCriminal Justice in America CJ Chapter 7 James J. Drylie, Ph.D.
Criminal Justice in America CJ 2600 Chapter 7 James J. Drylie, Ph.D. Police Legal Aspects The US Constitution is the supreme law of the land. Designed to protect citizens against abuses of police powers.
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED February 16, 2012 v No. 301461 Kent Circuit Court JEFFREY LYNN MALMBERG, LC No. 10-003346-FC Defendant-Appellant.
More informationChapter 11: Rights in Juvenile Proceedings
Chapter 11: Rights in Juvenile Proceedings [11.1] Overview The early developers of juvenile justice systems in the United States (prior to 1967) intended legal interventions to be civil as opposed to criminal
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. Case No. 5D
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2010 ANTHONY WILLIAMS, Appellant, v. Case No. 5D09-1978 STATE OF FLORIDA, Appellee. / Opinion filed May 28, 2010 Appeal
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. CASE NO. 5D
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2006 CHAD BARGER, Appellant, v. CASE NO. 5D04-1565 STATE OF FLORIDA, Appellee. / Opinion filed March 24, 2006 Appeal
More informationv. Record No OPINION BY JUSTICE BARBARA MILANO KEENAN Record No June 9, 2005
PRESENT: All the Justices RODNEY L. DIXON, JR. v. Record No. 041952 OPINION BY JUSTICE BARBARA MILANO KEENAN Record No. 041996 June 9, 2005 COMMONWEALTH OF VIRGINIA FROM THE COURT OF APPEALS OF VIRGINIA
More informationIN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY. Court of Appeals No. L Trial Court No.
[Cite as State v. Kohli, 2004-Ohio-4841.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY State of Ohio Appellee Court of Appeals No. L-03-1205 Trial Court No. CR-2002-3231 v. Jamey
More informationy LEGAL ASPECTS OF EVIDENCE ADMINISTRATION OF JUSTICE 3 FALL 2015
y LEGAL ASPECTS OF EVIDENCE ADMINISTRATION OF JUSTICE 3 FALL 2015 Instructor: Steven J. Katz POPP@ARTC - WLAC Course Section No.7572 Mon-Wed. 7:35 9:00 a.m. ARTC E-mail: katzsj@wlac.edu Message Telephone:(310)
More informationCalifornia Bar Examination
California Bar Examination Essay Question: Criminal Law/Criminal Procedure/Constitutional Law And Selected Answers The Orahte Group is NOT affiliated with The State Bar of California PRACTICE PACKET p.1
More informationDECEPTION Moran v. Burbine*
INTERROGATIONS AND POLICE DECEPTION Moran v. Burbine* I. INTRODUCTION The United States Supreme Court recently addressed the issue of whether police officers' failure to inform a suspect of his attorney's
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. Case No. 5D12-392
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2013 STATE OF FLORIDA, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant,
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED February 16, 2001 v No. 214253 Oakland Circuit Court TIMMY ORLANDO COLLIER, LC No. 98-158327-FC Defendant-Appellant.
More informationEarly this summer, a group of middle
Miranda at Fifty Landmark, Bright Line, and Hot-Button Rule Kathleen Guthrie Woods Early this summer, a group of middle school students toured San Francisco s Juvenile Justice Center (JJC), where staff
More informationCourt of Common Pleas
Motion No. 4570624 NAILAH K. BYRD CUYAHOGA COUNTY CUERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas MOTION TO... March 7, 201714:10 By: SEAN KILBANE 0092072 Confirmation Nbr.
More informationANTHONY T. ALSTON OPINION BY v. Record No CHIEF JUSTICE HARRY L. CARRICO November 1, 2002 COMMONWEALTLH OF VIRGINIA
Present: All the Justices ANTHONY T. ALSTON OPINION BY v. Record No. 012348 CHIEF JUSTICE HARRY L. CARRICO November 1, 2002 COMMONWEALTLH OF VIRGINIA FROM THE COURT OF APPEALS OF VIRGINIA The question
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED January 26, 2010 v No. 286849 Allegan Circuit Court DENA CHARYNE THOMPSON, LC No. 08-015612-FC Defendant-Appellant.
More informationInvoking Right to Silence
A Newsletter for the Criminal Justice Community Invoking Right to Silence In this issue: Request for Counsel Question as Request Voluntariness Published by: Office of the State Attorney West Palm Beach,
More informationJEFFERSON COLLEGE COURSE SYLLABUS CRJ114 RULES OF CRIMINAL EVIDENCE. 3 credit hours. Prepared by: Mark A. Byington
JEFFERSON COLLEGE COURSE SYLLABUS CRJ114 RULES OF CRIMINAL EVIDENCE 3 credit hours Prepared by: Mark A. Byington Revised by: Mark A. Byington Revised Date: August 2014 Dr. Sandy Frey, Chair, Social Science
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs March 19, 2008
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs March 19, 2008 STATE OF TENNESSEE v. JEREMY W. MEEKS Appeal from the Circuit Court for Grundy County No. 3948 Buddy Perry,
More informationv No Macomb Circuit Court
S T A T E O F M I C H I G A N C O U R T O F A P P E A L S PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED October 17, 2017 v No. 332830 Macomb Circuit Court ANGELA MARIE ALEXIE, LC No.
More informationSUPREME COURT OF MISSOURI en banc. v. ) No. SC APPEAL FROM CIRCUIT COURT OF LAWRENCE COUNTY Honorable Jack A.L.
SUPREME COURT OF MISSOURI en banc ) Opinion issued December 6, 2016 STATE OF MISSOURI, ) ) Appellant, ) ) v. ) No. SC95613 ) DAVID K. HOLMAN, ) ) Respondent. ) APPEAL FROM CIRCUIT COURT OF LAWRENCE COUNTY
More informationCase 1:08-cr SLR Document 24 Filed 07/14/2008 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
Case 1:08-cr-00040-SLR Document 24 Filed 07/14/2008 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, : : Plaintiff, : : v. : Criminal Action No. 08-40-SLR
More informationNOT DESIGNATED FOR PUBLICATION. No. 118,589 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellant, EDGAR HUGH EAKIN, Appellee.
NOT DESIGNATED FOR PUBLICATION No. 118,589 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellant, v. EDGAR HUGH EAKIN, Appellee. MEMORANDUM OPINION Appeal from Finney District Court;
More informationStephen B. Segal I. INTRODUCTION
THE LAW COURT S PROPER APPLICATION OF MIRANDA IN STATE V. BRAGG: A MATTER-OF- FACT COMMUNICATION TO THE DEFENDANT REGARDING EVIDENCE AGAINST HIM WILL NOT TYPICALLY CONSTITUTE INTERROGATION Stephen B. Segal
More informationKnowledge Objectives (2 of 2) Skills Objectives. Introduction. Legal Considerations During Investigation 12/20/2013. Legal Considerations
Legal Considerations Knowledge Objectives (1 of 2) Recognize and list the major legal issues and considerations that may arise in a fire or explosion investigation. Describe the legal authority for both
More informationIN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO
[Cite as State v. Sneed, 166 Ohio App.3d 492, 2006-Ohio-1749.] IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO The STATE OF OHIO, Appellant, v. SNEED, Appellee. : : : : :
More informationCLASS 1 READING & BRIEFING. Matthew L.M. Fletcher Monday August 20, :00 to 11:30 am
CLASS 1 READING & BRIEFING Matthew L.M. Fletcher Monday August 20, 2011 9:00 to 11:30 am Intro to Fletcher s Teaching Style 2 Pure Socratic? Lecture? Pure Socratic 3 Professor: Mr. A. What am I thinking
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:10-cr-00225-CKK Document 26 Filed 01/31/11 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA STEPHEN JIN-WOO KIM Defendant. CASE NO. 1:10-CR-225
More informationIN THE COURT OF COMMON PLEAS * CUYAHOGA COUNTY, OHTO. The indictment
IN THE COURT OF COMMON PLEAS * CUYAHOGA COUNTY, OHTO THE STATE OF OHIO, Plaintiff, :VS- JAMES SPARKS-HENDERSON Defendant. ) ) JUDGE JOHN P. O'DONNELL ) ) JUDGMENT ENTRY DENYING ) THE DEFENDANT S ) MOTION
More informationSUPREME COURT OF THE UNITED STATES
Cite as: 542 U. S. (2004) 1 SUPREME COURT OF THE UNITED STATES No. 02 1371 MISSOURI, PETITIONER v. PATRICE SEIBERT ON WRIT OF CERTIORARI TO THE SUPREME COURT OF MISSOURI [June 28, 2004] JUSTICE KENNEDY,
More informationFIRST DISTRICT APPELLATE PROJECT TRAINING SEMINAR January 21, 2011 MIRANDA BASICS AND CURRENT DEVELOPMENTS
FIRST DISTRICT APPELLATE PROJECT TRAINING SEMINAR January 21, 2011 MIRANDA BASICS AND CURRENT DEVELOPMENTS Jonathan D. Soglin, Staff Attorney Richelle Becker, Law Clerk Tiffany Gates, Law Clerk January
More informationMissouri Police Chiefs Association SAMPLE POLICY ANNOUNCEMENT CREATED BY HB RSMo.
Missouri Police Chiefs Association SAMPLE POLICY ANNOUNCEMENT CREATED BY HB 62 590.701 RSMo. Dear MPCA Members: House Bill No. 62 has been truly agreed to and signed into law by Governor Nixon and the
More informationDue Process of Law. 5th, 6th and & 7th amendments
Due Process of Law 5th, 6th and & 7th amendments Miranda v. Arizona (1966) Ernesto Miranda was arrested in his home and brought to the police station where he was questioned After 2 hours he signed a confession,
More informationNo. 09SA375, People v. Ferguson: Fifth Amendment -- Miranda advisement -- voluntary, knowing, and intelligent waiver
Opinions of the Colorado Supreme Court are available to the public and can be accessed through the Court s homepage at http://www.courts.state.co.us/supct/supctcaseannctsindex.htm and are posted on the
More informationSilence is golden for the defendant 7/6/2010. CriminalLaw Update. John Rubin School of Government. But only if he remains silent
CriminalLaw Update John Rubin School of Government Berghuis v. Thompkins, p. 1 Maryland v. Shatzer, p. 3 Montejo v. Louisiana (last term) Silence is golden for the defendant But only if he remains silent
More informationROLE AND AUTHORITY WRITTEN DIRECTIVE: 1.10 EFFECTIVE DATE: REVISION DATE: SUPERSEDES EDITION DATED:
ROLE AND AUTHORITY WRITTEN DIRECTIVE: 1.10 EFFECTIVE DATE: 01-31-1996 REVISION DATE: 07-20-2017 SUPERSEDES EDITION DATED: 08-15-2016 Contents: I. Purpose II. Policy III. Establishing Goals and Objectives
More informationCriminal Justice 100
Criminal Justice 100 Based upon the "California Peace Officers Legal Sourcebook" published by the California Department of Justice. Hemet High School Hemet Unified School District (2017-2018) (Student
More informationNUMBER CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
NUMBER 13-15-00089-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ROBERTO SAVEDRA, Appellant, v. THE STATE OF TEXAS, Appellee. On appeal from the 24th District Court of Jackson
More informationCalifornia Bar Examination
California Bar Examination Essay Question: Criminal Law/Criminal Procedure And Selected Answers The Orahte Group is NOT affiliated with The State Bar of California PRACTICE PACKET p.1 Question Deft saw
More information3:00 A.M. THE MAGISTRATE THE JUVENILE THE STATEMENT KEEPING IT LEGAL
THE MAGISTRATE THE JUVENILE THE STATEMENT KEEPING IT LEGAL Kameron D. Johnson E:mail Kameron.johnson@co.travis.tx.us Presented by Ursula Hall, Judge, City of Houston 3:00 A.M. Who are Magistrates? U.S.
More informationv. COURT USE ONLY Defendant: ***** Case Number: **** Attorneys for Defendant:
County Court, City and County of Denver, Colorado Lindsey Flanigan Courthouse, Room 160 520 W. Colfax Ave. Denver, CO 80204 Plaintiff: The People of the State of Colorado v. COURT USE ONLY Defendant: *****
More informationCase 3:07-cr KES Document 15 Filed 08/27/2007 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH DAKOTA CENTRAL DIVISION
Case 3:07-cr-30063-KES Document 15 Filed 08/27/2007 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH DAKOTA CENTRAL DIVISION UNITED STATES OF AMERICA, vs. Plaintiff, MEMORANDUM OF LAW
More informationAmerican Criminal Law and Procedure Vocabulary
American Criminal Law and Procedure Vocabulary acquit: affidavit: alibi: amendment: appeal: arrest: arraignment: bail: To set free or discharge from accusation; to declare that the defendant is innocent
More informationName: Class: Date: 5. The amendment to the U.S. Constitution that forbids cruel and unusual punishment and prohibits excessive bail is the
1. Roman laws a. often came to include commentaries written by judges. b. treated criminals with compassion. c. were ignored by the Emperor Justinian. d. were condemned by the Roman Catholic Church. 2.
More informationCriminal Procedure Outline
This outline was created for the July 2006 Oregon bar exam. The law changes over time, so use with caution. If you would like an editable version of this outline, go to www.barexammind.com/outlines. Criminal
More informationCHAPTER 34. A. Introduction
CHAPTER 34 THE RIGHTS OF PRETRIAL DETAINEES* A. Introduction Pretrial detention refers to the time period during which you are incarcerated after being arrested but before your trial. Pretrial detention
More informationTHE STATE OF NEW HAMPSHIRE. The State of New Hampshire. Thomas Auger Docket No. 01-S-388, 389 ORDER ON DEFENDANT'S MOTION TO SUPPRESS
THE STATE OF NEW HAMPSHIRE STRAFFORD, SS. SUPERIOR COURT The State of New Hampshire v. Thomas Auger Docket No. 01-S-388, 389 ORDER ON DEFENDANT'S MOTION TO SUPPRESS The defendant is charged with one count
More informationDISTRICT OF COLUMBIA COURT OF APPEALS. No. 98-CF-565. Appeal from the Superior Court of the District of Columbia. (Hon. Nan R. Shuker, Trial Judge)
Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections
More informationChapter 4. Criminal Law and Procedure
Chapter 4 Criminal Law and Procedure Section 1 Criminal Law GOALS Understand the 3 elements that make up a criminal act Classify crimes according to the severity of their potential sentences Identify the
More informationSubmitted January 31, 2017 Decided. Before Judges Fasciale and Gilson.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED June 15, 2006 v No. 259193 Washtenaw Circuit Court ERIC JOHN BOLDISZAR, LC No. 02-001366-FC Defendant-Appellant.
More informationChapter 1 Introduction to Forensic Science and the Law
Chapter 1 Introduction to Forensic Science and the Law In school, every period ends with a bell. Every sentence ends with a period. Every crime ends with a sentence. Stephen Wright, comedian Forensic Science
More informationTest Code: 1890 / Version 1
State Collaboration Assessment Blueprint Criminal Justice Advanced Test Code: 1890 / Version 1 Copyright 2012 NOCTI. All Rights Reserved. General Assessment Information General Assessment Information Written
More informationFollow this and additional works at:
2003 Decisions Opinions of the United States Court of Appeals for the Third Circuit 2-19-2003 USA v. Mercedes Precedential or Non-Precedential: Non-Precedential Docket 00-2563 Follow this and additional
More informationELECTRONIC RECORDING OF CUSTODIAL INTERROGATION PROCEDURES
The Allegheny County Chiefs of Police Association ELECTRONIC RECORDING OF CUSTODIAL INTERROGATION PROCEDURES An Allegheny County Criminal Justice Advisory Board Project In Partnership With The Allegheny
More informationHolding: The District Court, T.S. Ellis, III, J., held that defendants statements were made voluntarily.
--- F.Supp.2d ----, 2007 WL 528746 (E.D.Va.) Motions, Pleadings and Filings Only the Westlaw citation is currently available. United States District Court, E.D. Virginia, Alexandria Division. UNITED STATES
More information2017 CO 100. In this interlocutory appeal, the supreme court concludes that the conversation
Opinions of the Colorado Supreme Court are available to the public and can be accessed through the Judicial Branch s homepage at http://www.courts.state.co.us. Opinions are also posted on the Colorado
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM v. Case No. 5D09-9
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2009 JUAN ACEVEDO, Appellant, v. Case No. 5D09-9 STATE OF FLORIDA, Appellee. / Opinion filed November 13, 2009 Appeal from
More informationDefining & Interpreting Custodial Interrogation. Alexander Lindvall 2013 Adviser: K.M. Waggoner, Ph.D., J.D. Iowa State University
Defining & Interpreting Custodial Interrogation Alexander Lindvall 2013 Adviser: K.M. Waggoner, Ph.D., J.D. Iowa State University The Premises The Fourteenth Amendment: No State shall deprive any person
More informationContents. Legal Guide for Police Constitutional Issues 10 th Edition Jeffery T. Walker and Craig Hemmens. Preface. Chapter 1.
Legal Guide for Police Constitutional Issues 10 th Edition Jeffery T. Walker and Craig Hemmens Contents Preface Chapter 1 Introduction 1.1 Criminal Procedure 1.2 Sources of Criminal Procedure Law 1.3 Judicial
More informationOUTLINE OF CRIMINAL COURT PROCESS
OUTLINE OF CRIMINAL COURT PROCESS What happens during a criminal case may be confusing to a victim or witness. The following summary will explain how a case generally progresses through Oklahoma s criminal
More informationCase 3:16-cr JJB-EWD Document 26 05/15/17 Page 1 of 9 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA
Case 3:16-cr-00130-JJB-EWD Document 26 05/15/17 Page 1 of 9 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA UNITED STATES OF AMERICA : : CRIMINAL NO. 16-130-JJB-EWD versus : : JORDAN HAMLETT
More informationIN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO. The indictment. Defendant James Sparks-Henderson is charged with the November 21, 2014, aggravated
IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO THE STATE OF OHIO, Plaintiff, -vs- JAMES SPARKS-HENDERSON, Defendant. ) CASE NO. CR 16 605330 ) ) JUDGE JOHN P. O DONNELL ) ) JUDGMENT ENTRY DENYING )
More informationCriminal Law and Procedure
Criminal Law and Procedure Crime: punishable offense against society The legal process for a crime is to protect society as a whole, not just the individual victim(s) Crimes must be carefully defined by
More informationArgued and submitted December 9, DEMAPAN, Chief Justice, CASTRO, Associate Justice, and TAYLOR, Justice Pro Tem.
Commonwealth v. Suda, 1999 MP 17 Commonwealth of the Northern Mariana Islands, Plaintiff/Appellee, v. Natalie M. Suda, Defendant/Appellant. Appeal No. 98-011 Traffic Case No. 97-7745 August 16, 1999 Argued
More informationIN THE COURT OF APPEALS OF THE STATE OF ALASKA
NOTICE The text of this opinion can be corrected before the opinion is published in the Pacific Reporter. Readers are encouraged to bring typographical or other formal errors to the attention of the Clerk
More informationRights of the Accused
A. Justification Rights of the Accused 1.Fear of unchecked governmental power / innocent until proven guilty 2. Suspects are citizens and thus have rights 3. Better to free a guilty person than to jail
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED March 28, 2017 v No. 335272 Ottawa Circuit Court MAX THOMAS PRZYSUCHA, LC No. 16-040340-FH Defendant-Appellant.
More informationESCOBEDO AND MIRANDA REVISITED by
ESCOBEDO AND MIRANDA REVISITED by ARTHUR J. GOLDBERGW Shortly before the close of the 1983 term, the Supreme Court of the United States decided two cases, U.S. v. Gouveial and New York v. Quarles 2, which
More informationMiranda v. Arizona. ...Mr. Chief Justice Warren delivered the opinion of the Court.
Miranda v. Arizona Supreme Court case 1966...Mr. Chief Justice Warren delivered the opinion of the Court. The cases before us raise questions which go to the roots of our concepts of American criminal
More information2017 Case Law Update
2017 Case Law Update A 17-102 04/24/2017 Fourth Amendment: Detention based on taking an individual's driver license People v. Linn (2015) 241 Cal. App. 4th 46 Rule: An officer's taking of a voluntarily
More informationIn this interlocutory appeal, the supreme court considers whether the district court
Opinions of the Colorado Supreme Court are available to the public and can be accessed through the Court s homepage at http://www.courts.state.co.us. Opinions are also posted on the Colorado Bar Association
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON DECEMBER 1998 SESSION STATE OF TENNESSEE, * C.C.A. # 02C CC-00210
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON DECEMBER 1998 SESSION FILED STATE OF TENNESSEE, * C.C.A. # 02C01-9807-CC-00210 Appellee, * DYER COUNTY April 23, 1999 VS. * Hon. R. Lee Moore, Jr.,
More informationFifth, Sixth, and Eighth Amendment Rights
You do not need your computers today. Fifth, Sixth, and Eighth Amendment Rights How have the Fifth, Sixth, and Eighth Amendments' rights of the accused been incorporated as a right of all American citizens?
More informationThe Family Court Process for Children Charged with Criminal and Status Offenses
The Family Court Process for Children Charged with Criminal and Status Offenses A Brief Overview of South Carolina s Juvenile Delinquency Proceedings 2017 CHILDREN S LAW CENTER UNIVERSITY OF SOUTH CAROLINA
More informationCriminal Procedure Miranda Warnings Waiver of Right to Counsel at Polygraph Test
University of Arkansas at Little Rock Law Review Volume 6 Issue 3 Article 4 1983 Criminal Procedure Miranda Warnings Waiver of Right to Counsel at Polygraph Test Scott J. Lancaster Follow this and additional
More informationSelected Rulings of the Supreme Court of the United States
2010 Annual Conference of the International Association of Chiefs of Police Legal Officers Section Meeting Selected Rulings of the Supreme Court of the United States 2009-2010 Presented and prepared by
More informationCourt of Appeals of New York, People v. Ramos
Touro Law Review Volume 19 Number 2 New York State Constitutional Decisions: 2002 Compilation Article 11 April 2015 Court of Appeals of New York, People v. Ramos Brooke Lupinacci Follow this and additional
More informationNo. 05SA251, People v. Wood Miranda Interrogation - Due Process Right to Counsel Voluntariness
Opinions of the Colorado Supreme Court are available to the public and can be accessed through the Court s homepage at http://www.courts.state.co.us/supct/supctcaseannctsindex.htm Opinions are also posted
More informationSearch of Lost Cell Phone
Search of Lost Cell Phone In this issue: Miranda No Means No Miranda and Misstatements of the Law Miranda at Traffic Stops I have a lawyer. Legal Eagle Published by: Office of the State Attorney West Palm
More informationCASE NO. 1D Pamela Jo Bondi, Attorney General, and Michael Schaub, Assistant Attorney General, Tallahassee, for Appellee.
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA SONNY ERIC PIERCE, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D15-1984
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED June 24, 2008 v No. 277652 Wayne Circuit Court SHELLY ANDRE BROOKS, LC No. 06-010881-01 Defendant-Appellant.
More informationTHE POLITICS OF CIVIL LIBERTIES
CIVIL LIBERTIES THE POLITICS OF CIVIL LIBERTIES Civil liberties: protections the Constitution provides individuals against the abuse of government power State ratifying constitutions demanded the addition
More information