CRJ 306 week 3 DQ 1

  

Ashford 4: – Week 3 – Discussion 1

Fifth Amendment

  

   Everyone has heard or seen the “Miranda Rights” on television and/or in   movies. In fact, most people could probably recite what they are without   reading the actual U.S. Supreme Court case or reviewing a criminal law   textbook. However, there are a number of factors at play that determine when   the Miranda rights must be given to a suspect. Does an officer have to   Mirandize you if he walks up on the street and says, “How are you today?”   When do constitutional provisions “kick in”?
 

  How would you explain the Miranda warnings and their significance to a friend   of yours not in the criminal justice field? At a minimum, address the   following questions:

1. What does the Fifth Amendment        of the U.S. Constitution mean when it states that a person shall not “be        compelled in any criminal case to be a witness against himself”?
2. When must a police officer        read an accused their “Miranda warnings”?
3. If a police officer violates        a defendant’s Fifth Amendment right against self-incrimination, what        happens to the criminal case against that defendant?

   Your initial post should be at least 250 words in length. Support your claims   with examples from the required material(s) and/or other scholarly resources,   and properly cite any references. Respond to at least two of your classmates’   posts by Day 7. Focus your responses on the elements of the Miranda warning,   and question whether the warning is still necessary?