Miranda Rights - Law of Criminal - Lecture Notes, Study notes for Criminal Law. Deenbandhu Chhotu Ram University of Science and Technology

Criminal Law

Description: These are the important key points of lecture notes of Law of Criminal are: Miranda Rights, Learning Objectives, Attitudinal Objectives, Appreciation for Miranda Rights, Greater Understanding, Constructive Manner, Class Material, Quizzing, Explanation, Legal Television Show
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Lesson Plan: Miranda Rights Lesson Plan
I. Objectives
A
A.
.
Skills/Learning Objectives
1
1.
.
After this class, students should have a better understanding of the rights a person has when in
the custody of police.
2
2.
.
Additionally, students should be able to defend an opinion that they have taken on a particular
issue.
3
3.
.
Finally, students should have a greater understanding and appreciation for Miranda Rights, their
origin, and their importance.
B
B.
.
Attitudinal Objectives
1
1.
.
After this class students should have more confidence in dealing with law enforcement
authorities.
2
2.
.
Additionally, students should have more confidence in their ability to take a position on an
issue, and defend that opinion in an open and constructive manner..
II. Classroom Methods
A
A.
.
Review of Prior Class Material
1
1.
.
Ideally, this lecture will follow a lecture on the Fourth Amendment and Search and Seizure
Law. Begin, therefore, by quizzing the students on the search and seizure materials covered
in the prior class.
2
2.
.
Next, explain to the class that today we move forward in time from a suspect’s first encounter
with police to the point where they are arrested and placed in custody.
B
B.
.
Explanation of “Miranda Rights.”
1
1.
.
Ideally, at this point you might show a clip from a legal television show, such as Law and
Order, where a suspect is being interrogated and asks for a lawyer, or where a suspect is being
placed under arrest..
2
2.
.
In the alternative, ask the students what kinds of rights they think they have when they are
placed in custody by the police.
a
a)
)
Poll the students to get out the fact that they have a right to an attorney.
b
b)
)
Also want to get out the things the police must tell a suspect when they want to place them
under arrest.
c
c)
)
Finally, you should be able to get them to tell identify this process as reading a suspect
their Miranda Rights.
3
3.
.
After the students have identified the right, then place the Miranda Rights handout on the
overhead.
a
a)
)
Note: You may want to explain a bit about the case that created these rights firsti.e.,
explain the facts of the Miranda case.
b
b)
)
Next, go through the overhead and explain the concepts and rights espoused by Miranda.
(
(1
1)
)
As you do this, you should quiz the students about why any particular right or duty,
such as the police officer’s duty to inform a suspect of their right to remain silent, is
important.
(
(2
2)
)
Also, quiz them on whether they think that requiring the police to read a suspect their
Miranda Rights is beneficial, or just a hindrance to getting at the truth. You may
want to explain some of the court’s rationale for these requirements (abusive
behavior by police, etc.).
C
C.
.
Opinion Poll
1
1.
.
When you are comfortable that the students understand the concepts on the overhead, then
explain that we are going to do an opinion poll.
2
2.
.
Pass around the fact scenario handout and explain to the students that they should consider each
fact scenario and decide how they feel about it. Then, once they have decided, they should
circle the appropriate opinion.
3
3.
.
When the students are done filling out their opinion poll, then ask them to get up and move
under the sign that corresponds to their opinion for question number one (these signs should
be posted around the room prior to the start of class).
4. As you move through each fact scenario, the teacher should act as a facilitator of the debate
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among the students. Press the students to defend the choice they have made, and get
responses or disagreements with that viewpoint from students who have taken different
opinions.
5. As you conclude with each fact scenario, take a moment to explain how the court decided the
case (see the teachers handout for information on this), and, if time, quiz them about the
court’s decision.
6. Note: This exercise should take the majority of the class period..
III. Evaluation and Homework.
A
A.
.
Assign the students to find three examples on television, in the news, etc. where Miranda Rights
either were given or should have been given. Ask them to either bring in the article or write a
description of the situation if they saw it on television..
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B
B.
.
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a
1. Before any “Custodial Interrogation,” the police must
inform you of the following:
a. You have a right to remain silent.
b. Anything you say can and will be used against you
in a court of law.
c. You have the right to an attorney, either retained or
appointed.
2. What does “Custodial Interrogation” mean?
a. This means that you have been taken into custody or
otherwise deprived of your freedom of action.
b. In other words, if the police arrest you, or if you
aren’t allowed to leave the place of questioning.
3. What if I answer some questions, but then decide I want a
lawyer?
a. If you decide to have a lawyer present during
questioning, then the police must stop questioning
you until the lawyer gets there.
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SHOULD THE CONFESSION BE ALLOWED?
Consider the following Scenarios. Have the defendant’s Miranda rights been violated?
Indicate whether you Strongly Agree, Agree, Can’t Decide, Disagree, or Strongly
Disagree with the court’s decision.
1. Benny was arrested by New York Police and charged with the armed
robbery of a taxicab driver. While Benny was in jail waiting for his trial,
a new York undercover officer was placed in Benny’s cell. Before the
officer asked any questions, Benny said that he had robbed the cab
driver. Benny’s statement was used against him at trial, despite his
objection that he was not read his Miranda Rights, in violation of the
Fifth Amendment. The court should allow the statement.
Strongly Agree Agree Undecided Disagree Strongly Disagree
2. Rhode Island police officers arrested Jared on suspicion of shooting a
local taxicab driver in the head, and then burying the body nearby.
Jared was read his Miranda rights, and indicated that he wished to speak
to a lawyer. On the way to the station, the police began talking to each
other about the murder, while Jared listened in the back seat. Then,
without warning, Jared admitted to the murder. At his trial, Jared
argued that the police had coerced him into admitting to the murder, and
that his Fifth Amendment rights had been violated. The court should
allow the statement.
Strongly Agree Agree Undecided Disagree Strongly Disagree
3. Robert Berkemer was driving 40 mph in a 25 mph zone when he saw the
flashing lights of a patrol car behind him. He dutifully pulled over to the
side of the road. The officer approached him, and requested that he step
outside of the vehicle. Robert stepped out of the car, and the officer
asked him whether or not he was aware of how fast he was going. In
response to the officer’s questioning, Robert admitted that he had been
speeding. At his traffic hearing, Robert argue that because he was
detained and interrogated without receiving his Miranda warnings, his
confession should not be admitted. The court should allow Robert’s
confession.
Strongly Agree Agree Undecided Disagree Strongly Disagree
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