Description
Miranda Rule or Exception?
Overview
Prior 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.
Note: This is a two-part assignment. Be sure to complete both parts.
Instructions
Part 1
In Part 1 of this assignment you are required to write a two-page narrative in which you:
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Summarize the Miranda Rule, including examples.
Explain exceptions to the Miranda Rule, including examples.
Develop 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?).
Part 2
In Part 2 of this assignment, you are required to examine the scenarios contained in the
Miranda Rule or Exception Template [Attached].
Note: The first scenario is completed for you as an example to guide your work on the
remaining nine scenarios.
For each scenario:
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Determine for each scenario whether the Miranda Rule applies or an exception to it is in
order.
Justify your determinations.
Use three sources to support your writing.
o Choose sources that are credible, relevant, and appropriate.
o Cite each source listed on your source page at least one time within your
assignment.
o For help with research, writing, and citation, access the library or review library
guides.
Important:
Formatting
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.
Include a cover page containing the assignment title, name, professor’s name, the course title,
and the date. The cover page is not included in the required page length.
Include a source list page. (Citations and references).
Learning Outcomes
The specific course learning outcome associated with this assignment is:
o
Decide when to use the Miranda Rule and when to make exceptions.
CRJ325
Miranda Rule or Exception Template
Instructions:
For each of the 10 scenarios:
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Determine whether the Miranda Rule applies or an exception to it is in order.
Justify your determination.
Note:
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The first scenario is completed for you as a guide to completing the remaining nine scenarios.
Remember to use SWS to properly cite your sources.
Scenario
Miranda Rule or
Exception?
Justification
Example 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, ?That was pretty stupid. Why
did you steal those razors? Now you will
have a record.?
Miranda Rule
In this scenario, the officer needed to mirandize the suspect
because the suspect?s answer to the officer?s 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?s question, then that information
could be used against him in court.
? 2020 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed
in whole or in part, without the expressed written permission of Strayer University.
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CRJ325
Scenario
Miranda Rule or
Exception?
Justification
In addition, if the suspect made a spontaneous statement
without being asked a question (e.g., ?Man, I didn?t mean to
do it.?) that statement can be used against him in court
because the officer did not directly ask him a question.
Scenario 1: Police officers place two
suspects in the back of a patrol car, leaving
the door open. The officers overhear the
suspects? conversation in which they say, ?It
was stupid to steal those bikes.?
Scenario 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, ?Why did you rob that lady, you
punk?? The suspect replies: ?I?m sorry for
doing it. Please don?t hurt me.?
? 2020 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed
in whole or in part, without the expressed written permission of Strayer University.
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CRJ325
Scenario
Miranda Rule or
Exception?
Justification
Scenario 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, ?Where
is the gun you used??
Scenario 4: Police officers are conducting
general on-the-scene questioning of
witnesses about the facts surrounding a
crime that just occurred.
Scenario 5: Police officers frisk a person in a
public place and find the person has an
empty shoulder holster. The officers ask the
subject, ?Where is your gun?? The subject
answers, ?In my car.? The officers locate the
subject?s vehicle nearby and find a loaded
handgun under the seat. They arrest him for
possession of unlawful weapon.
? 2020 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed
in whole or in part, without the expressed written permission of Strayer University.
Page 3 of 7
CRJ325
Scenario
Miranda Rule or
Exception?
Justification
Scenario 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, ?That
was a very unsafe lane change back there.
Have you been drinking?? The subject
replies ?Well I had a few drinks earlier.?
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.
? 2020 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed
in whole or in part, without the expressed written permission of Strayer University.
Page 4 of 7
CRJ325
Scenario
Miranda Rule or
Exception?
Justification
Scenario 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, ?Your buddy rolled on you.?
They inform Suspect 2 they plan to use
Suspect 1?s testimony against him and
suggest he may as well admit to the crime.
Suspect 2 admits to the crime.
? 2020 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed
in whole or in part, without the expressed written permission of Strayer University.
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Scenario
Miranda Rule or
Exception?
Justification
Scenario 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, ?What are
you doing in my yard?? One of the officers
asks the homeowner, ?Is this your dog?? The
homeowner admits the dog is not hers and
that she stole the puppy from the breeder.
Scenario 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, ?Are all of those
computers yours?? The subject appears
nervous and begins to sweat profusely. The
officer then asks, ?Those are stolen, aren?t
they?? The subject replies, ?Yes, they are.?
The officer takes the suspect to the station
for further questioning.
? 2020 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed
in whole or in part, without the expressed written permission of Strayer University.
Page 6 of 7
CRJ325
? 2020 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed
in whole or in part, without the expressed written permission of Strayer University.
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