Slide 1Common Miranda WarningMiranda Rights and the ConstitutionMiranda Rights: Key CasesErnesto Miranda and His InterrogatorMiranda v. Arizona: ImagesErnesto Miranda’s ConfessionMiranda v. Arizona (1966)Clarence Earl Gideon from Gideon v. Wainwright (1963)Evolution of Right to Counsel for Indigent (Poor) DefendantsWill this person be read Miranda Rights?Miranda Rights: When do they apply?Exceptions to Miranda RightsOther 5th Amendment Protections for CriminalsThis movie is not legally correct!The Grand Jury6th Amendment Criminal ProtectionsPunishment: Basics of the Death PenaltyDeath Penalty and the ConstitutionThe Bifurcated TrialWho cannot be executed?Methods of ExecutionLethal Injections: Current ControversiesBaze v. Rees (2008) AudioThe Electric Chair in TennesseeElectric Chair Returns to TennesseeUT Political Science Study on the Death PenaltyMiranda Rights and Other Criminal Procedure ProtectionsBy Hemant SharmaUniversity of TennesseeDepartment of Political ScienceCommon Miranda WarningMiranda Rights and the ConstitutionRight to remain silent (5th Amendment)Right to an attorney (6th Amendment)If you cannot afford an attorney, one will be provided for you (Public Defender)Anything you say can and will be used against you in courtAnd what you don’t say might also be used…Miranda Rights:Key CasesThese rights are largely derived from the 5th and 6th Amendments, as interpreted by the Supreme Court in Miranda v. Arizona (1966)The case of Clarence Earl Gideon v. Wainwright (1963) is also relevant for the rights of the poorErnesto Miranda and His InterrogatorMiranda v. Arizona: ImagesErnesto Miranda’s Confession“I...do hereby swear that I make this statement voluntarily and of my own free will, with no threats, coercion, or promises of immunity, and with full knowledge of my legal rights, understanding any statement I make may be used against me.”Miranda v. Arizona (1966)Miranda was arrested for kidnapping and rape after the victim’s brother locating himMiranda signed a confession that actually had a disclaimer on the top which stated that he was signing the document voluntarilySupreme Court throws out his confession because he had not been explicitly notified of his rights; the Court says that police must inform people of their SPECIFIC rights Confession is thrown out, but he is still convicted at a 2nd trial, on other evidenceMiranda served his sentence and was later released; he was ultimately stabbed to death during a card game…that person who stabbed him was in fact read Miranda Rights!Clarence Earl Gideonfrom Gideon v. Wainwright (1963)Evolution of Right to Counsel for Indigent (Poor) DefendantsWhen are you entitled to have a lawyer appointed?Powell v. Alabama (1932): Only in capital cases; link to story: Scotsboro Boys CaseGideon v. Wainwright (1963): For any felony chargeArgersinger v. Hamlin (1972): Any time a defendant could face prisonWill this person be read Miranda Rights?Miranda Rights: When do they apply?Apply when BOTH of these criteria are met: 1. During “custodial interrogation”: that means you are in police custody and are NOT free to go 2) “Express questioning”Efforts to obtain “testimonial evidence”Also with “its functional equivalent” (Arizona v. Mauro, 1987)—meaning any words or actions “reasonably likely to elicit an incriminating response from the suspect”Does not apply with “routine booking questions” (see: Pennsylvania v. Muniz, 1990)Exceptions to Miranda RightsPersons not in police custody—i.e. general on-scene questioning not focused on an individual (Escobedo v. Illinois, 1964)Spontaneous declarationsPublic safety exception (NY v. Quarles, 1984) A. Need information quickly (ie. kidnap victim location, presence of harmful substance on suspect, location of bomb)—covers “reasonable belief” of danger to officer, suspect, victim, or general publicB. Nearby emergencyRecent case: http://video.foxnews.com/v/2314755029001/bombing-suspect-not-read-miranda-rights/?#sp=show-clipsOther 5th Amendment Protections for CriminalsDue Process: “No person shall be deprived of life, liberty, or property without due process of law” In the 5th Amendment (federal) and the 14th Amendment (states)Due process= “notice” and a “fair hearing”Double Jeopardy (No person shall twice be put in jeopardy): Cannot be tried twice for same offense“Essential elements” of crimes must be same (Blockburger v. U.S.)Does not apply with dual federal and state charges; may not apply in the event of a mistrial for a hung juryRight against self-incrimination “Plead the 5th”: see: Mark Fuhrman Pleads the 5th (in O.J. Simpson case)This movie is not legally correct!http://www.youtube.com/watch?v=Dlc3DEmlj9oThe Grand JuryMentioned in the 5th Amendment; BUT… this has never been incorporated – so states are not required to use themWhat do they do?Determine if there is enough evidence for a case to go to trialEach state can set the standard for how many votes are neededMissouri looks for 9 of 12 to vote for trial; New York looks for 12 of 23; federal standard is also 12 of 23 (minimum of 16 could sit)Often used in high profile cases where a prosecutor (District Attorney) does not want to make a decision on their own; see: Ferguson caseLegal standard is usually “probable cause” or “preponderance of the evidence”If there are enough votes, we say there is an “indictment”6th Amendment Criminal ProtectionsIn all criminal prosecutions, the accused shall enjoy the protections of:Right to counsel (also comes into play if you had a ‘bad lawyer’)Right to confront witnessesRight to a trial by an impartial jury (speedy and public trial, too!)Usually 12 jurors; unanimous vote needed for a conviction; standard is “beyond a reasonable doubt”Punishment: Basics ofthe Death Penalty32 states allow for capital punishment1st Degree Murder is the only crime for which states can execute someoneThe Federal Government has a death penalty for federal crimes; it has been applied for murder and for treasonDeath Penalty and the ConstitutionThe 8th Amendment protects against “cruel and unusual punishment” (as well as excessive fines and excessive bail); this is often applied to discussion of the death penaltyFurman v. Georgia (1972): Temporarily halts the death penalty; Justices Brennan and Marshall say it is always ‘cruel and unusual’; 3 other justices say it is applied unequally (race, income, different crimes)Gregg v. Georgia