Miranda Rule or Exception?


Prior to the Miranda v Arizona ruling in 1966, law enforcement could questionpossible suspects without their having legal counselpresent. They could bully potential suspects, trick them, and do whatever else they thought was necessary to determine potential suspects’ involvement in a crime. The Miranda rulingprotects people by allowing them to have legal counsel present when questioned by law enforcement regarding a crime in which they may or may not have been involved.
This is a two-part assignment. Be sure to complete both parts.
Part 1
In Part 1 of this assignment you are required to write a one- to two-page narrative in which you:

Summarize the Miranda Rule, including examples.
Explain exceptions to the Miranda Rule, including examples.
Develop a checklist with a series of questions to ask when assessing whether or not the Miranda Rule applies(for example, is your question a general one, such as name and date of birth? Or is it onethat could make them vulnerable to prosecution?).

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Part 2
In Part 2 of this assignment, you are required to examine the scenarios contained in the Miranda Rule or Exception Template [DOCX].

Note:The first scenario is completed for you as an example to guide your work on the remaining nine scenarios.

For each scenario:

Determine for each scenario whether the Miranda Rule applies or an exception to it is in order.
Justify your determinations.
Use three sources to support your writing.

Choose sources that are credible, relevant, and appropriate.
Cite each source listed on your source page at least one time within your assignment.
For help with research, writing, and citation, access the library or review library guides.
You may use your textbook as one of your resources.

Be sure to submit your one- to two-page narrative and the completed Miranda Rule or Exception Template to the assignment submission area.
This course requires the use of Strayer Writing Standards. For assistance and information, please refer to the Strayer Writing Standards link in the left-hand menu of your course. Check with your professor for any additional instructions. Note the following:

The preferred method is for your narrative on the Miranda Rule versus an exception be typed, double-spaced, using Times New Roman font (size 12), with one-inch margins on all sides. The Miranda Rule or Exception Template may be single-spaced.
Include a cover page containing the assignment title, your name, your professor’s name, the course title, and the date. The cover page is not included in the required page length.
Include a source list page. Citations and references must follow SWS format. The source list page is not included in the required page length.


Miranda Rule or Exception Template
For each of the 10 scenarios:
Determine whether the Miranda Rule applies or an exception to it is in order.
Justify your determination.


The first scenario is completed for you as a guide to completing the remaining nine scenarios.
Remember to use SWS to properly cite your sources.


Miranda Rule or Exception?


Example Scenario: A police officer handcuffs a criminal suspect who has been arrested for shoplifting and places him in the back of a patrol car. While the officer was obtaining personal information from the suspect, the officer said, That was pretty stupid. Why did you steal those razors? Now you will have a record.

Miranda Rule

In this scenario, the officer needed to mirandize the suspect because the suspects answer to the officers question would tend to incriminate him in the crime. The suspect had a right to be informed of his right to legal counsel before answering any questions pertaining to his possible involvement in a crime. If the officer informed the suspect of his rights before questioning him and the suspect chose to waive those rights and answer the officers question, then that information could be used against him in court.
In addition, if the suspect made a spontaneous statement without being asked a question (e.g., Man, I didnt mean to do it.) that statement can be used against him in court because the officer did not directly ask him a question.

Scenario 1: Police officers place two suspects in the back of a patrol car, leaving the door open. The officers overhear the suspects conversation in which they say, It was stupid to steal those bikes.

Scenario 2: During a traffic stop on reasonable suspicion, five officers surround a subject. The officers are aggressive in their speech and questioning. They ask the suspect, Why did you rob that lady, you punk? The suspect replies: Im sorry for doing it. Please dont hurt me.

Scenario 3: Police officers have placed a criminal suspect in handcuffs. They believe the gun used in the crime is hidden in a supermarket. They ask the suspect, Where is the gun you used?

Scenario 4: Police officers are conducting general on-the-scene questioning of witnesses about the facts surrounding a crime that just occurred.

Scenario 5: Police officers frisk a person in a public place and find the person has an empty shoulder holster. The officers ask the subject, Where is your gun? The subject answers, In my car. The officers locate the subjects vehicle nearby and find a loaded handgun under the seat. They arrest him for possession of unlawful weapon.

Scenario 6: An officer on patrol notices a driver making an unsafe lane change. He pulls the driver over on suspicion of drunk driving. The officer says to the driver, That was a very unsafe lane change back there. Have you been drinking? The subject replies Well I had a few drinks earlier. After failing the field sobriety test, or FST, the police officer arrests the driver. He refuses to submit to a portable breath test. The subject pleads not guilty, and the case goes to trial.

Scenario 7: Police officers arrest two suspects for robbery. They put each suspect in a separate room and begin interrogating them. Suspect 1 does not admit to the crime, nor does he implicate Suspect 2 in the crime. When officers interview Suspect 2, they tell him, Your buddy rolled on you. They inform Suspect 2 they plan to use Suspect 1s testimony against him and suggest he may as well admit to the crime. Suspect 2 admits to the crime.

Scenario 8: Someone stole a German shepherd puppy from a local breeder. The police receive a tip that the puppy can be found at a specific address. The officers go to the house, climb over the back fence, and see a German Shepard puppy. The homeowner sees them and asks, What are you doing in my yard? One of the officers asks the homeowner, Is this your dog? The homeowner admits the dog is not hers and that she stole the puppy from the breeder.

Scenario 9: A police officer pulls over a vehicle for speeding. She notices several boxes in the back seat containing laptops. The officer asks the subject, Are all of those computers yours? The subject appears nervous and begins to sweat profusely. The officer then asks, Those are stolen, arent they? The subject replies, Yes, they are. The officer takes the suspect to the station for further questioning.

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75-150 Word Discussion Response (World History)

Compare the different types of religion that emerged in India from the original Brahmanism. How did these new paths influence Indian society? Why do you think there were so many new philosophies to emerge in India during this period?

Hi Everyone,
From the original Brahmanism stemmed 3 more religions. Jainism, Buddhism, and Hinduism. All three of these religions share the same belief in Karma and also reincarnation and the belief that you could be free from the rebirth cycle. The religions really differ when you look at who they worshipped. In Jainism, Jains do not serve a deity but rather believed in a system of ordered laws and had an extremely strict lifestyle. Buddhism formed because of the dislike towards how strict the caste system was with Brahmanism and originally only had Buddha (Siddhartha Gautama) as the sole person to worship until Mahayana Buddhism came along. Mahayana Buddhism incorporated celestial beings. Hinduism is virtually Brahmanism. It sounds like Hinduism was created in order to preserve the original teachings in Brahmanism but it was slightly altered in order to appease people who had abandoned Brahmanism for Jainism or Buddhism.
I think these new paths influenced Indian society in several ways. In all of these religions they are predominantly vegetarian. This effects the ecology of that area as well as the health of the population. The social side of things was also effected. For instance, Buddhism preaches equality which made things like education more available to women. Buddhism also rejected the caste system which challenges the social order.
I think there were so many new philosophies coming out during this time for the same reason religion changes today. Religion isnt a one size fits all belief and you cant please everyone. One person believes in science vs another believing in a deity. I think it was merely an attempt at explaining the things that are unexplainable- like the meaning of life.


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