How to Analyze Police Interrogations under Miranda v. Arizona on a Criminal Procedure Essay

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How to Analyze Police Interrogations under Miranda v. Arizona on a Criminal Procedure Essay
5TH AMENDMENT: INVOLUNTARY STATEMENTS
The 5th Amendment protects against government compulsion of involuntary statements. A statement is involuntary if the law enforcement officers used tactics that undermined the suspect's ability to exercise free will. Relevant factors in determining involuntariness include: (a) the length of the interrogation; (b) the time and location where the interrogation took place; (c) the character of the person being interrogated (e.g., age, experience, state of health, education level, sophistication, intoxication, mental condition, etc.); AND (d) police tactics used (e.g., force, threats, deceit, etc.).
An involuntarily obtained statement is NOT admissible against a defendant for substantive purposes or for impeachment purposes. Evidence obtained from an involuntary statement is fruit of the poisonous tree and is presumptively inadmissible.
POLICE INTERROGATIONS UNDER MIRANDA V. ARIZONA
Under Miranda v. Arizona, any incriminating statement obtained as a result of a CUSTODIAL INTERROGATION (i.e., suspect is in custody and subject to police interrogation) may NOT be used against the suspect at a subsequent trial UNLESS the police informed the suspect of his Miranda rights prior to the custodial interrogation (this includes informing the subject that: he has the right to remain silent; any statement he makes may be used against him in court; he has the right to consult an attorney and to have the attorney present during questioning; and he has the right to have an attorney appointed if he cannot afford one.)
"Custodial"
A person is in custody when he reasonably believes that he is NOT free to terminate the encounter AND his movement is restricted in a manner typically associated with a formal arrest (e.g., suspect is handcuffed and put in the back of a police cruiser).
"Interrogation"
A person is subject to an interrogation when the police know or should know that their words or actions are likely to elicit an incriminating response.
WAIVER OF MIRANDA RIGHTS
A defendant may knowingly and voluntarily waive his Miranda rights. The burden is on the government to demonstrate by a preponderance of the evidence that the waiver was made knowingly and voluntarily.
Even if the suspect validly waives his Miranda rights, the police MUST cease their custodial interrogation if either of the following occurs: (1) the party being questioned affirmatively invokes her right to remain silent (after a substantial period of time, police can go back to the suspect, give Miranda warnings again, and seek to interrogate her further); OR (2) the party being questioned affirmatively invokes her right to counsel (the interrogation cannot resume until the lawyer is present, the suspect reinitiates the interrogation, or 14 days have passed since the suspect was released from custody).
EFFECT OF A MIRANDA VIOLATION
A statement obtained in violation of Miranda is inadmissible in the prosecution’s case-in-chief, BUT can be admitted to impeach the defendant. Evidence obtained from a voluntary statement taken in violation of Miranda is admissible. Miranda is violated if: (1) the police fail to give Miranda warnings before a custodial interrogation; OR (2) the police fail to cease interrogation of a person after he has affirmatively invoked his right to remain silent or his right to counsel.
EXCEPTIONS TO MIRANDA
The police are NOT required to give Miranda warnings before conducting a custodial interrogation when: (1) the public’s safety is at risk; (2) the suspect being questioned is not aware that the interrogator is a police officer (e.g., undercover police officers); OR (3) the questioning is biographical for routine booking purposes.
HARMLESS ERROR RULE
If evidence in violation of Miranda is admitted at trial, a guilty verdict will be upheld if the prosecution can prove beyond a reasonable doubt that the error was harmless because the defendant would have been convicted even without the tainted evidence.

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[@vascra1521]

Excellent . Thanks .. Good work

[@nedasmith8775]

I watched all the videos related to criminal procedure from this guy, all were really great & I just wonder how few people could dislike them? :) Of course I respect opposite opinions. ;)

[@jasonmorrin37]

Great explanation, thanks.

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[@ChadWardenPS3]

Great stuff. You're very knowledgeable

[@bernarditacalub344]

Whem should Miranda start ? Unnder arrest/habdcuffed/ in custidy or prior arrrst /handcuffed?

[@bernarditacalub344]

How about when the suspect was taken/arrested/handcuffed w/o "probable cause" & not merandarized just because somebody called firsr & put complaint on tgr susoect is that violation of 4th & 5th amendment of the suspect's bill of rights?' When should the " Miranda Doctrinr" & police interogation should begin ? w/o violating 4th & 5th amendment right?

[@Oyunbazar]

What is the difference between 5th amendment violation and miranda violation? Isn’t miranda violation 5th amendment violation? I am little confused about the evidence admissibility differences between the 5th amendment and miranda violations. It would be great if you could clarify that little more detail. Thank you.

[@bernarditacalub344]

How can the Police do arrest/handcuff /detain/booked a suspect w/o first /nterview/investigation/ascertsinment of probable cause w/o miranda and then mirandarized suspect after custody & then did merandarized later w/o violating 4th & 5th amendment and the justification/reason was because there was first complaint against the suspect tge reason given for the arrest /handcuffed? (How sbout the issue ot harrashment & vendetta)?

[@yvonnesphotography261]

What if the last line of the Miranda rights was not read before questioning

[@stevestevens4017]

Not true. Ive seem again and again they continue to try and question

[@bernarditacalub344]

The Policel dobt have that determination whether to r🎉elease or not tge suspect they booked/charged tge suspect and leave tge determination of probable cause to the DOJ & Court & put suspect under bail or not (depends on allege offense/crime committed/fabricated)

[@gbonikz]

So evidence acquired after a violation of Miranda is admissible? Thats weird