Miranda v. Arizona continued…How do you know when someone voluntarily waived his or her rights?When law enforcement starts asking questions and the suspect is merely silent, that is not waiving your rightsYou must acknowledge that you know your rights and that you are waiving themIf the suspect has acknowledged that they are remaining silent the interrogation must endHow is someone in custodyIf the suspect is deprived of his freedom (his action in any significant way) than he very well may be in custodyIf someone is in prison, yes you are in custodyAs far as Miranda is concerned, yes in custodyYou can remain silentPolice stationDepends on the facts of the caseIf you are free to leave-not in custodyIf you are not free to leave- in custodyTraffic stopNot free to leaveAs far as Miranda is concerned, you are not in custody to mirandize youMiranda does not apply, they don’t need to read you your rightsField sobriety testNo illegal even those they didn’t mirandize youThey write down what they seeIf someone is stumbling or cannot do somethingNot testimonial in natureArrestedBooking questions down at the jail are not interrogation questionsDon’t need to mirandize youWhat is interrogation?Any question pertaining to the case is an interrogationAny words or actions reasonably likely to self incriminate yourselfWhat if law enforcement lies to make you confess or give them something?Law enforcement can lie to make the suspect fess upThey can law about the facts of the caseNot the lawThe goal of interrogation is to make the suspect confessUndercover policing?Maybe you’re in jail (in custody) and they send an undercover cop to come in and talk and make you confessIdentificationsUsually innocent people go to prison because of inaccurate eye witness testimonyPre-trial and trial identificationsSome happen before and duringAlive- in- person line upThey get a handful of people lined up for the victim to pick who did itSeveral people that look alikeThey may have everyone wear the same thingsSometimes they have them say the same thingsPhoto line-ups6 pictures of peopleThey show 3 at a time to the witnessNone of the photos should suggest which one the victim should pickUsually they are mug shotsShow upOne person is presented to the witness to see if they can identify the suspectThat one person fits the descriptionAll of these procedures can be manipulated by law enforcementWhen the line up all looks alikeThe way the suspects are dressedSometimes just one suspect doesn’t look the same or their picture doesn’t look the sameLaw enforcement can make it seem like the one they want picked is the one the witness picksThis violates due processThe goal of the defense is to make it hard to convict innocent peopleHow can someone stop himself or herself from being manipulated?When there is a lawyer presentThey know what to say and what to object toCourt has said that photo line-ups are not critical in the prosecutionIndicia of reliabilityThere needs to be some other fact that the victim picking one guy out of 10 is reliableTrial identificationAnother opportunity for the victim to see the suspect since the incidentPre trial procedures will taint the ‘during’ trial identificationsThe Defense during trial about the identificationThe defense will emphasize how the victim really could not be able to describe the suspectThe witness did not have a good opportunity to see the suspect during the incidentThe level of certainty at the first identificationThe crime and the ID procedureHow long has the incident been and then when did the identification of the suspect happenWas it years after? Or days?Ways innocent people get convictedCoerced statementsTainted identification proceduresCell-mate in the jail that’s lyingYou might not tell anything about your case but they will find outThey’re trying to leave and they’ll do anything to get themselves outSometimes they can get information about your caseOver-zealous prosecutorTheir win-loss ratio is important to themSometime police perjuryThey can get on the stand and lieCRJU 203 1st Edition Lecture 17 Outline of Last Lecture I. Miranda v. Arizona continued II. What is an interrogation III. Identifications a. Alive, in-person line up b. Photo line-up c. Show up IV. Ways innocent people get convicted Current lecture Miranda v. Arizona continued… - How do you know when someone voluntarily waived his or her rights?o When law enforcement starts asking questions and the suspect is merely silent, that is not waiving your rights o You must acknowledge that you know your rights and that you are waiving them o If the suspect has acknowledged that they are remaining silent the interrogation must end - How is someone in custody o If the suspect is deprived of his freedom (his action in any significant way) than he very well may be in custody o If someone is in prison, yes you are in custody  As far as Miranda is concerned, yes in custody  You can remain silent o Police station Depends on the facts of the case  If you are free to leave-not in custody  If you are not free to leave- in custody o Traffic stop  Not free to leave  As far as Miranda is concerned, you are not in custody to mirandize you  Miranda does not apply, they don’t need to read you your rights These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best Used as a supplement to your own notes, not as a substitute.o Field sobriety test  No illegal even those they didn’t mirandize you  They write down what they see  If someone is stumbling or cannot do something  Not testimonial in nature o Arrested  Booking questions down at the jail are not interrogation questions  Don’t need to mirandize you - What is interrogation?o Any question pertaining to the case is an interrogation o Any words or actions reasonably likely to self incriminate yourself o What if law enforcement lies to make you confess or give them something? Law enforcement can lie to make the suspect fess up  They can law about the facts of the case  Not the law o The goal of interrogation is to make the suspect confess o Undercover policing? Maybe you’re in jail (in custody) and they send an undercover cop to come in and talk and make you confess Identifications - Usually innocent people go to prison because of inaccurate eye witness testimony - Pre-trial and trial identifications o Some happen before and during -