Miranda rights

 

A uniformed police officer is dispatched to a bank robbery. Upon arrival, John Smith is already under arrest by the detectives for committing the robbery and shooting the guard. He is placed in the back of the officer’s cruiser. During the drive back to the station, Smith yells out, “I am so sorry I shot him!” One month later, the officer is called to testify about Smith’s statement. Smith’s defense attorney argues that the officer failed to read him his Miranda rights. Consider if his statements are admissible given the fact he was not read his Miranda Rights prior to making them.

A. Imagine yourself as the judge presiding over this case. Clearly and accurately evaluate the constitutional parameters that emerged from the Miranda decision. How has this case influenced the practice of law enforcement?
B. Describe your ruling for the bank robbery case, citing the Miranda case. How did Miranda influence your decision‐making process?

 

 

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