Слайд 2PLAN
Concept and purpose of warning;
Origins;
Congress’ dissent;
Typical warning procedure;
Waiver;
Assertion;
Miranda exceptions;
Controversy;
Conclusion.
![PLAN Concept and purpose of warning; Origins; Congress’ dissent; Typical warning procedure;](/_ipx/f_webp&q_80&fit_contain&s_1440x1080/imagesDir/jpg/377178/slide-1.jpg)
Слайд 3CONCEPT. PURPOSE.
Warning given to suspects in custody by U.S. authorities.
Purpose:
1.To make
![CONCEPT. PURPOSE. Warning given to suspects in custody by U.S. authorities. Purpose:](/_ipx/f_webp&q_80&fit_contain&s_1440x1080/imagesDir/jpg/377178/slide-2.jpg)
suspect’s statements admissible in court;
2.To insure that suspect acknowledges his/her rights provided by Fifth Amendment.
Слайд 4ORIGINS
No special notification was given to suspects till 1963.
‘Miranda vs Arizona’,1963,
![ORIGINS No special notification was given to suspects till 1963. ‘Miranda vs](/_ipx/f_webp&q_80&fit_contain&s_1440x1080/imagesDir/jpg/377178/slide-3.jpg)
established that confession given by such suspects is not acceptable;
‘Colorado vs Cornelli’,1986, main criteria for warning;
‘New York vs Quarles’,1986, public safety exception.
Слайд 5CONGRESS DISAGREEMENT
Safety Streets Act, 1968. Overruling ‘Miranda vs Arizona’ decision.
4th District
![CONGRESS DISAGREEMENT Safety Streets Act, 1968. Overruling ‘Miranda vs Arizona’ decision. 4th](/_ipx/f_webp&q_80&fit_contain&s_1440x1080/imagesDir/jpg/377178/slide-4.jpg)
Court upheld. Solicitor General refused to support this decision.
‘U.S. vs Dickerson’, 2000. Supreme Court named Miranda Warning a part of national culture. 1968 Act overruled.
Слайд 6TYPICAL PROCEDURE
MUST include right to remain silent and right to appointed attorney.
![TYPICAL PROCEDURE MUST include right to remain silent and right to appointed](/_ipx/f_webp&q_80&fit_contain&s_1440x1080/imagesDir/jpg/377178/slide-5.jpg)
MUST be confirmed by suspect.
MUST be made immediately after arrest.
Слайд 7REQUIREMENTS
Evidence gathered from testimony;
Evidence obtained in custody;
Evidence obtained in interrogation;
Evidence is used
![REQUIREMENTS Evidence gathered from testimony; Evidence obtained in custody; Evidence obtained in](/_ipx/f_webp&q_80&fit_contain&s_1440x1080/imagesDir/jpg/377178/slide-6.jpg)
in criminal case.
Слайд 8WAIVER
MUST be made in order to continue questioning;
MUST be voluntary;
State must
![WAIVER MUST be made in order to continue questioning; MUST be voluntary;](/_ipx/f_webp&q_80&fit_contain&s_1440x1080/imagesDir/jpg/377178/slide-7.jpg)
prove absence of police coercion.
MUST be known and intelligent.
Suspect understands his rights and possible consequences.
Слайд 9ASSERTION
Stops interrogation when made;
May be made at any point of interrogation;
Interrogation may
![ASSERTION Stops interrogation when made; May be made at any point of](/_ipx/f_webp&q_80&fit_contain&s_1440x1080/imagesDir/jpg/377178/slide-8.jpg)
resume after obtaining a waiver.
Слайд 10EXCEPTIONS
Public Safety.
If suspect is in possess of public endangering information.
Spontaneous Statement.
Informant
![EXCEPTIONS Public Safety. If suspect is in possess of public endangering information. Spontaneous Statement. Informant Exception.](/_ipx/f_webp&q_80&fit_contain&s_1440x1080/imagesDir/jpg/377178/slide-9.jpg)
Exception.
Слайд 11CONTROVERSY
Miranda is not required by Constitution and this decision is unnecessary.
Miranda troubles
![CONTROVERSY Miranda is not required by Constitution and this decision is unnecessary.](/_ipx/f_webp&q_80&fit_contain&s_1440x1080/imagesDir/jpg/377178/slide-10.jpg)
police work by creating additional obstacles.
Слайд 12CONCLUSION
Miranda warning is necessary and sufficient criterion for confession’s validity;
Miranda Warning must
![CONCLUSION Miranda warning is necessary and sufficient criterion for confession’s validity; Miranda](/_ipx/f_webp&q_80&fit_contain&s_1440x1080/imagesDir/jpg/377178/slide-11.jpg)
comply with certain requirements to be valid itself.
Miranda Warning limits police interrogation tactics and therefore is widely criticized.