Miranda and Admissibility
of Statements CJ 8 P
Introduction
For a suspect’s statements to be
admissible in court, he or she must meet certain criteria. 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.
(https://media.capella.edu/CourseMedia/CJ3540/u8-MirandaAndAdmissibilityOfStatements/media.asp)
Overview
Miranda v. Arizona changed the rules on admissibility from voluntariness to
the three-questions test. For this assignment, prepare a three-page
paper citing a minimum of two academically verified references.
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.
Requirements
·References: A minimum of two references.
·Length of paper: Three pages, not including the title
page and the references page.
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