Miranda Rule or Exception Template
\nInstructions:
\nFor each of the 10 scenarios:
\n\u2022\tDetermine whether the Miranda Rule applies or an exception to it is in order.
\n\u2022\tJustify your determination.
\nNote:
\n\u2022\tThe first scenario is completed for you as a guide to completing the remaining nine scenarios.
\n\u2022\tRemember to use SWS to properly cite your sources.
\nScenario
\nMiranda Rule or Exception? \tJustification
\nExample Scenario: A police officer handcuffs a criminal suspect who has been arrested for shoplifting and places him in the back of a patrol car. While the officer was obtaining personal information from the suspect, the officer said, \u201cThat was pretty stupid. Why did you steal those razors? Now you will have a record.\u201d
\nMiranda Rule\tIn this scenario, the officer needed to mirandize the suspect because the suspect\u2019s answer to the officer\u2019s question would tend to incriminate him in the crime. The suspect had a right to be informed of his right to legal counsel before answering any questions pertaining to his possible involvement in a crime. If the officer informed the suspect of his rights before questioning him and the suspect chose to waive those rights and answer the officer\u2019s question, then that information could be used against him in court.
\nIn addition, if the suspect made a spontaneous statement without being asked a question (e.g., \u201cMan, I didn\u2019t mean to do it.\u201d) that statement can be used against him in court because the officer did not directly ask him a question.
\nScenario 1: Police officers place two suspects in the back of a patrol car, leaving the door open. The officers overhear the suspects\u2019 conversation in which they say, \u201cIt was stupid to steal those bikes.\u201d
\nScenario 2: During a traffic stop on reasonable suspicion, five officers surround a subject. The officers are aggressive in their speech and questioning. They ask the suspect, \u201cWhy did you rob that lady, you punk?\u201d The suspect replies: \u201cI\u2019m sorry for doing it. Please don\u2019t hurt me.\u201d
\nScenario 3: Police officers have placed a criminal suspect in handcuffs. They believe the gun used in the crime is hidden in a supermarket. They ask the suspect, \u201cWhere is the gun you used?\u201d
\nScenario 4: Police officers are conducting general on-the-scene questioning of witnesses about the facts surrounding a crime that just occurred.
\nScenario 5: Police officers frisk a person in a public place and find the person has an empty shoulder holster. The officers ask the subject, \u201cWhere is your gun?\u201d The subject answers, \u201cIn my car.\u201d The officers locate the subject\u2019s vehicle nearby and find a loaded handgun under the seat. They arrest him for possession of unlawful weapon.
\nScenario 6: An officer on patrol notices a driver making an unsafe lane change. He pulls the driver over on suspicion of drunk driving. The officer says to the driver, \u201cThat was a very unsafe lane change back there. Have you been drinking?\u201d The subject replies \u201cWell I had a few drinks earlier.\u201d After failing the field sobriety test, or FST, the police officer arrests the driver. He refuses to submit to a portable breath test. The subject pleads not guilty, and the case goes to trial.
\nScenario 7: Police officers arrest two suspects for robbery. They put each suspect in a separate room and begin interrogating them. Suspect 1 does not admit to the crime, nor does he implicate Suspect 2 in the crime. When officers interview Suspect 2, they tell him, \u201cYour buddy rolled on you.\u201d They inform Suspect 2 they plan to use Suspect 1\u2019s testimony against him and suggest he may as well admit to the crime. Suspect 2 admits to the crime.
\nScenario 8: Someone stole a German shepherd puppy from a local breeder. The police receive a tip that the puppy can be found at a specific address. The officers go to the house, climb over the back fence, and see a German Shepard puppy. The homeowner sees them and asks, \u201cWhat are you doing in my yard?\u201d One of the officers asks the homeowner, \u201cIs this your dog?\u201d The homeowner admits the dog is not hers and that she stole the puppy from the breeder.
\nScenario 9: A police officer pulls over a vehicle for speeding. She notices several boxes in the back seat containing laptops. The officer asks the subject, \u201cAre all of those computers yours?\u201d The subject appears nervous and begins to sweat profusely. The officer then asks, \u201cThose are stolen, aren\u2019t they?\u201d The subject replies, \u201cYes, they are.\u201d The officer takes the suspect to the station for further questioning.<\/p>\n
Criminal homework help
\ncriminal<\/p>\n
Overview
\nPrior to the Miranda v Arizona ruling in 1966, law enforcement could question possible suspects without their having legal counsel present. They could bully potential suspects, trick them, and do whatever else they thought was necessary to determine potential suspects’ involvement in a crime. The Miranda ruling protects people by allowing them to have legal counsel present when questioned by law enforcement regarding a crime in which they may or may not have been involved. This is a two-part assignment. Be sure to complete both parts.<\/p>\n
Instructions
\nPart 1
\nIn Part 1 of this assignment you are required to write a one- to two-page narrative in which you:<\/p>\n
Summarize the Miranda Rule, including examples.
\nExplain exceptions to the Miranda Rule, including examples.
\nDevelop a checklist with a series of questions to ask when assessing whether or not the Miranda Rule applies (for example, is your question a general one, such as name and date of birth? Or is it one that could make them vulnerable to prosecution?).
\nPart 2
\nIn Part 2 of this assignment, you are required to examine the scenarios contained in the Miranda Rule or Exception Template [DOCX].<\/p>\n
Note: The first scenario is completed for you as an example to guide your work on the remaining nine scenarios.
\nFor each scenario:<\/p>\n
Determine for each scenario whether the Miranda Rule applies or an exception to it is in order.
\nJustify your determinations.
\nUse three sources to support your writing.
\nChoose sources that are credible, relevant, and appropriate.
\nCite each source listed on your source page at least one time within your assignment.
\nFor help with research, writing, and citation, access the library or review library guides.
\nYou may use your textbook as one of your resources.
\nImportant: Be sure to submit your one- to two-page narrative and the completed Miranda Rule or Exception Template to the assignment submission area.<\/p>\n
Formatting
\nThis course requires the use of Strayer Writing Standards. For assistance and information, please refer to the Strayer Writing Standards link in the left-hand menu of your course. Check with your professor for any additional instructions. Note the following:<\/p>\n
The preferred method is for your narrative on the Miranda Rule versus an exception be typed, double-spaced, using Times New Roman font (size 12), with one-inch margins on all sides. The Miranda Rule or Exception Template may be single-spaced.
\nInclude a cover page containing the assignment title, your name, your professor’s name, the course title, and the date. The cover page is not included in the required page length.
\nInclude a source list page. Citations and references must follow SWS format. The source list page is not included in the required page length.
\nLearning Outcomes
\nThe specific course learning outcome associated with this assignment is:<\/p>\n
Decide when to use the Miranda Rule and when to make exceptions.<\/p>\n","protected":false},"excerpt":{"rendered":"
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