10 Sep Introduction to Criminal Justice Siegel/Worrall

Introduction to Criminal Justice

Siegel/Worrall

Chapter 5 

List the problems faced by today’s police departments that were also present during the early days of policing.

Chapter 6 

Intelligence-led policing is considered to be the newest initiative in law enforcement. Read this article  https://www.ncjrs.gov/pdffiles1/bja/210681.pdf (Links to an external site.)  and discuss the following:

1. What is intelligence?

2. What are the differences between tactical and strategic intelligence?

3. How can police departments blend intelligence with problem-oriented policing?

Chapter 7

Can a search and seizure be reasonable if it is not authorized by a warrant?

Chapter 8

What is the purpose of the  Miranda warning?

I

n the landmark case of Miranda v. Arizona (1966), the Supreme Court held that suspects in custody must be told that they have the following rights if they are subjected to interrogation:

They have the right to remain silent.

If they decide to make a statement, the statement can and will be used against them in a court of law.

They have the right to have an attorney present at the time of the interrogation, or they will have an opportunity to consult with an attorney.

If they cannot afford an attorney, one will be appointed for them by the state.

The police must give this information—collectively known as the Miranda warning—to a person in custody before questioning begins.

Miranda warning

Miranda v. Arizona established that suspects under arrest must be advised that they have no obligation to answer questions and that they are entitled to have a lawyer present during questioning, if necessary, at no expense to themselves.

Some suspects choose to remain silent. However, simply remaining silent is not the same as invoking Miranda protection. As the Supreme Court recently decided, if a suspect does not assert his or her Miranda rights and makes a self-incriminating voluntary statement in response to police questioning, that statement can be used in court.95 To enjoy the benefits of Miranda, then, the suspect must state that he or she intends to remain silent. Also, the suspect can insist on having counsel present.

A suspect’s constitutional rights under Miranda can be given up (waived). A suspect can choose to talk to the police or sign a confession. However, for the waiver to be effective, the state must first show that it was voluntary and that the defendant was aware of all of his Miranda rights. People who cannot understand the Miranda warning because of their age, mental handicaps, or language problems may not be legally questioned without an attorney present. If they can understand their rights, they may be questioned.96

Once the suspect asks for an attorney, all questioning must stop until the attorney is present. And if the criminal suspect has invoked his or her Miranda rights, police officials cannot reinitiate interrogation in the absence of counsel even if the accused has consulted with an attorney in the meantime.97 This rule was recently modified to some extent; it doesn’t apply if the suspect has been released from custody for at least 2 weeks.98

Even if the suspect has invoked his Miranda rights and dema