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AFRA Research- All about Miranda
| NEW
8-27-2002 |
FlexYourRights.org
NAMI- Dealing with the Criminal Justice System PBS Jim Lehrer- June 6, 2000 NOLO- Key Aspects of Modern Criminal Procedure: Defendant's Rights |
US Constitution Online
The
Miranda Warning
The Constitution reserves many rights for those suspected of crime. One of the fears of the Framers was that the government could act however it wished by simply saying an individual was a suspected criminal. Many of the rights in the Constitution and the Bill of Rights, such as habeas corpus, the right to remain silent, and the right to an attorney, are designed to ensure that those accused of a crime are assured of those rights.
Police were able to take advantage of the fact that not everyone knows their rights by heart. In fact, it is likely that most citizens could name a few of their rights as accused criminals, but not all of them. The police's position was that if the accused, for example, spoke about a crime without knowing that they did not need to, that it was the person's fault for not invoking that right, even if they did not know, or did not remember, that they had that right.
This was the crux of the issue in Miranda v Arizona.
Miranda v. Arizona (1966) Beyond Miranda
In the time since the Miranda was decided in 1966, the Supreme Court has decided several cases directly related to the issues in the Miranda case. Below are brief descriptions of the issues presented to the justices in several of these cases. How would you decide these cases if you were on the Supreme Court?
What is a Miranda warning? A Miranda warning advises people of their constitutional right not to answer questions or to have an attorney present before answer any questions.
Must a police officer always advise a person of their Miranda rights before asking a question?
No. The Miranda warning is only in effect during a "custodial interrogation." This means that the person being questioned is in custody or in an environment in which the person does not believe that he is free to leave.
| AFRA Editor Note- Ohhh, so that's why the "Street
Wise Punk" always asks "Am I under arrest?" And the cop
says "No". Then the Street Punk says "Go screw yourself
copper. I ain't talking to you!"
So we need to be "Street
Smart" too, because these monsters are eating us alive in our |
"Taking the 5th" is NOT just for courtroom drama TV!
Nor is it just for slime balls subpoenaed to appear before Congressional Hearings...
IT IS FOR YOU!
|
"When the people no longer read or understand their Constitution, then they will live in a POLICE STATE" --Robert Wangrud. |
Know Your CONSTITUTIONAL Rights
June 26, 2000
ACLU of Southern California
Supreme Court Upholds Miranda Rights
Warding off attempts to chip away at the rights of suspects, on June 26 the U.S. Supreme Court refused to consider an appeal of a Ninth Circuit decision requiring officers to end interrogations when a suspect requests a lawyer or chooses to remain silent, and reversed a Fourth Circuit ruling that held that the famous 1966 Miranda ruling was no longer the law. Both decisions reinforce the rights of suspects under the Fifth and Sixth Amendments to the U.S. Constitution.
In Butts v. McNally (previously known as California Attorneys for Criminal Justice v. Butts), the ACLU/SC filed suit on behalf of two suspects, one held by the LAPD and the other by the Santa Monica Police Department, who were questioned after repeatedly requesting to speak to an attorney.
Juvenile Confessions/Right Against Self-Incrimination
U.S. Supreme Court
Rebecca Diloreto
Application of Gault, 387 U.S. 1, 87 S.Ct. 1428, 18 L.Ed.2d 527 (1967). Neither
Fourteenth Amendment nor Bill of Rights is for adults alone. The privilege
against self-incrimination protects juveniles adjudicated in juvenile court just
as it protects adults. If counsel is not present, for some permissible reason,
when admission is obtained from juvenile, greatest care must be taken to assure
that admission was voluntary, in sense not only that it has not been coerced or
suggested, but also that it is not product of ignorance of rights or of
adolescent fantasy, fright or despair. Gallegos v. Colorado, 370 U.S. 49, 82
S.Ct. 1209, 8 L.Ed.2d 325 (1962). Confession state officers obtained from
14-year-old boy, who had been held five days without officers sending for his
parents or seeing that he had advice of lawyer or adult friend, and without
their bringing him immediately before judge, was obtained in violation of due
process,
POLICE INTERROGTIONS Introduction
If you have never been in a Police interrogation....then you have little idea of exactly how intimidating and traumatic they can be. Try remembering how you felt the first time a State Trooper pulled you over for speeding (or whatever) and walked up to you car window to ask for your Driver's License. Chances are your stomach and chest felt tight, your breathing was shallow, your voice tight and nervous. If you knew you were speeding you feared the consequences, and even you weren't speeding...you still felt nervous and upset. If you multiply this by about 10-20 times...you have an idea what a full fledged Police Interrogation feels like.
Excellent article regarding whether you are in "custody" or feel free to leave!
The Rights of Citizens in the Criminal Justice Process
The criminal justice process is the process by which crimes are investigated, charged, tried, and punished. Because the criminal justice system involves actions by the government against its citizens, the criminal justice process has been the subject of constitutional protections dating back, in the English common law system, to the Magna Carta.
QUESTIONING OF JUVENILES BY LAW ENFORCEMENT OFFICERS AND SCHOOL EMPLOYEES
The following sections pertain to the questioning of juveniles suspected of committing school rule violations and/or crimes. They briefly summarize the relevant legal standards.
Law enforcement officers will quickly recognize that the professional standards normally governing criminal investigation and interrogation of adults also apply in situations involving juveniles. However, officers should expect courts to scrutinize the investigative and interview techniques used to obtain information from juveniles closely.
Miranda Rights? You Have Got to Be
Kidding Me!
Neal Boortz
Johnny Taliban has a lawyer, paid for by Johnny Taliban's father, of course. Now the lawyer is starting the public relations campaign on behalf of his little terrorist client. We're now hearing his concerns that his client has been interrogated by U.S. officials without having been read his Miranda rights.
A police officer sits down with a 13-year-old child accused of a serious crime. “You have the right to remain silent,” he begins. “You have the right to an attorney, even if you can't afford one...” Adults are expected to understand their Miranda rights. In Ohio and Kentucky, so are juveniles. But do they?
Federal Law Enforcement Training Center
- Quarterly Review -
July 6, 2000 Vol. 1, Edition 4
THE NEWEST CONSTITUTIONAL
RIGHT - THE RIGHT TO MIRANDA WARNINGS
Jacquelyn Kuhens
Senior Legal Instructor
Until June 26, 2000, a person who was in custody and being subjected to police interrogation did not have a Constitutional right to be given Miranda warnings; Miranda warnings were just the mechanism by which a state or Federal law enforcement officer ensured that the subject of his custodial interrogation knew what his or her rights were before the interrogation began. If a law enforcement officer conducted a custodial interview without first giving Miranda warnings, it was not a Constitutional violation, and so the worst that could happen was the suppression of the improperly obtained statement. Today, because a person in custody has a Constitutional right to be given his Miranda rights, is it possible, even likely, that failure to give a subject Miranda rights will serve as the basis for a Bivens or Title 42, United States Code, Section 1983 civil rights claim?
Here's the FIRST ONE! June 17, 2002- Father Sues Court Officials in Federal Court for Kidnapping Son Edward S. (Zed) McLarnon has filed a lawsuit in Federal District Court in Boston against several judges, court clerks and other court officials, claiming they have violated his due process rights as guaranteed under the U. S. Constitution. Attorney is Greg Hession. American Family Rights Association vows to help this case turn into a LANDSLIDE across America! |
FBI Publications-
Intentional Miranda violations may jeopardize cases and expose investigators and agencies to civil suits.
May 23, 2000
New Jersey Law Journal
Prosecutorial Misconduct: Failure To Read
Miranda Rights Leads To Reversal of Officer's Sex Conviction
Sandy Lovell
Concluding that the Union County, N.J., Prosecutor's Office violated a policeman's rights by deliberately failing to issue a Miranda warning before questioning him, a New Jersey appeals court has reversed his sexual assault conviction.
Updated 04/19/2000
Miranda On Trial Dateline: 12/07/99
March 2000
Judicial notebook
Supreme Court revisits Miranda warnings
BY MELISSA RUSSANO AND MARGARET BULL KOVERA, PHD
Florida International University
The U.S. Supreme Court recently agreed to review whether issuing Miranda warnings to criminal suspects is constitutionally required--a review that could raise empirical questions of interest to research psychologists.
MIRANDA OVERRULED? -- A STUNNING
COURT DECISION
By Charles A. Riccio Jr.
As a result of a decision from a federal circuit court of appeals, the 33-year old Miranda rule may be on its way to the dustbin!
Calhoun County Courts
Calhoun County, Michigan
CUSTODIAL INTERROGATION - MIRANDA WARNINGS – WAIVER OF MIRANDA RIGHTS – PROBABLE CAUSE TO BIND OVER FOR TRIAL – DESIGNATED PROCEEDINGS
(by Tobin Miller, Research Attorney, MJI)
In the Matter of Nathaniel Jamar Abraham, Minor; People v Nathaniel Jamar Abraham, __ Mich App __ (1999), #212099,
CPR-Rights and Responsibilities
"Silence is golden!"
Be careful what you say to a police. What you say CAN and WILL be used
against you.
THE STATE OF NEW HAMPSHIRE v. GERALD GOTSCH
Bureau
of Private Investigation
Hawaii Civil Rights Investigations
Constitution:
The usual issue for investigation is whether the action taken against a person violates any constitutional limitation that protects individual rights.
The most widely used Act for civil rights violations for victims of racial or religious discrimination is the Federal Civil Rights Act, 42 U.S.C. 1983 which provides that:
Every person who, under color of any statute, ordinance, regulation, custom, or usage of any State or Territory subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities served by the Constitution and laws shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.
WHAT IF I AM AT SCHOOL AND A SCHOOL OFFICIAL OR TEACHER WANTS TO QUESTION ME ABOUT A VIOLATION OF THE LAW. DO THEY HAVE TO ADVISE ME OF MY MIRANDA RIGHTS?
No. The higher courts have ruled that school officials, teachers, and counselors do not have to advise you of your Miranda rights before questioning unless they are doing so at the direction of the police.
In American society today, you mainly hear about Amendments one, two, and five (the Freedom of the People, the Right to Bear Arms, and the Right to not Incriminate Oneself, respectively). This leaves the other Amendments far from people's minds. What about the 13th Amendment, keeping people from having slaves? What about the Repeal of Prohibition, giving people the right to drink freely? But one of the most ignored Amendments is the sixth, giving rights to people accused of crimes. Well, this poor Amendment is not forgotten completely.