Describe how the Miranda warning is supposed to be applied when taking suspects into custody and recent case law that appears to have narrowed the scope of Miranda.
What will be an ideal response?
The Miranda warning is a requirement that police officers inform suspects subjected to custodial interrogation that they have a constitutional right to remain silent, that making a statement can be used against them in court, that they have the right to consult an attorney, and if they cannot afford an attorney, one will be appointed by the state. If the defendant is not given the Miranda warning before investigation, the evidence obtained from the interrogation cannot be admitted at trial. Furthermore, if someone's age, mental handicaps, or language barriers prevent them from understanding the Miranda warning, an attorney must be present during their interrogation.Student answers may vary some on case law, but some examples they can take from the text include:In Berguis v. Thompkins 2010, unless a suspect asserts his or her Miranda rights, any subsequent voluntary statements given after the warnings are admissible in court.In Florida v. Powell 2010, the Miranda warnings do not require that the suspect be advised that he or she has the right to have an attorney present during questioning.In Maryland v. Shatzer 2010, Miranda protections do not apply if a suspect is released from police custody for at least 14 days and then questioned.
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