For a suspect’s statements to be admissible in court, he or she must meet certain criteria
For a suspect’s statements to be admissible in court, he or she must meet certain criteria. As you have learned from the Miranda case, in that instance, the Court rejected voluntariness of statements as the sole test for admissibility. Although voluntariness is still required, it is now assumed if three questions can be answered in the affirmative. First, it must be shown that the Miranda warning was given. Second, if it was given, it will be necessary to determine whether there was a waiver. Finally, if there was a waiver, there must be evidence that the waiver was intelligent and voluntary. There are certainly other circumstances when confessions may be admissible when made before Miranda warning is given, which makes this area of law very intricate and fact-based.
You will use the Miranda and Admissibility Statements media as the foundation for your assignment.
Instructions:
In your paper:
Determine whether you can question the occupants of the vehicle in the scenario at the scene without Miranda warning. (Question 1: Was Miranda warning given?)
Analyze, after the Miranda warning was given, whether there was a waiver. (Question 2: If Miranda warning was given, was there a waiver?)
Explore whether, assuming there was a waiver by the suspects, the waiver was intelligent and voluntary. (Question 3: If there was a waiver, was it intelligent and voluntary?)
Explain how Miranda changed the way police officers perform their jobs.
Answer preview For a suspect’s statements to be admissible in court, he or she must meet certain criteria
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