Promptbook

During our last class, we discussed Marbury v. Madison and the idea of judicial review. This will be the topic of your essay assignment.

1. In your own words, what is judicial review (look in notes if necessary)?

2. Based on our work with court cases thus far, do you believe judicial review is the right system for us to use?

Judicial Review

The idea that the constitutionality of actions by our lawmakers, president and others need to be reviewed by the judges on the Supreme Court.

Marbury v. Madison

Rights of suspects

When someone is brought in for questioning by the police, what rights do they have?

Miranda Warning

1. You have the right to remain silent.

2. Anything you say can and will be used against you in a court of law.

3. You have the right to an attorney.

4. If you cannot afford an attorney, one will be appointed for you.

Fifth and Sixth Amendment

Fifth Amendment

No person shall be…compelled in any criminal case to be a witness against himself.

Sixth Amendment

In all criminal prosecutions, the accused shall enjoy the right to…have the Assistance of Counsel for his defense.

Lesson Objectives

Understand how Miranda v. Arizona changed the rights of individuals in the interrogation room.

Understand the controversy surrounding the Miranda warnings.

Further understand the debate around judicial review.

Miranda v. Arizona (1966)

What are the details of the case?

What legal questions did this case raise? What needed to be answered by the courts?

Miranda v. Arizona (1966)

Ernesto Miranda was arrested for kidnapping and rape after the victim partially identified him in a lineup.

He was questioned in police custody for two hours.

The police hinted that he had been identified in the lineup and he confessed.

He was not informed of his rights and did not have an attorney present when being questioned.

Miranda v. Arizona (1966)

Was Miranda’s confession voluntary?

What rights do people have in the interrogation room?

What is the role of the police in protecting the rights of the accused?

Miranda v. Arizona (1966)

Suspects should be warned of their rights before being questioned and should have access to an attorney.

What are the arguments on both sides of this issue?

Miranda v. Arizona (1966)

Is reading suspects their rights and allowing them an attorney needed to protect their constitutional rights?

Does this give too much power to suspected criminals?

Is this an example of the courts going to far and taking on the job of making laws?

Silent Debate

Take a pen/pencil and without talking walk through the room.

Read the statements on the pieces of paper taped to the desks.

Write down a responses to the comment. Write down responses to your classmate’s responses.

Miranda Rights

The police have an unfair psychological advantage in the interrogation room. They have all the power, and can operate in secret. It is not physical intimidation, but it is equally destructive of human dignity. Chief Justice Warren [paraphrased]

…the right to an attorney (during interrogation) is indispensable to the protection of the Fifth Amendment… Chief Justice Warren

Miranda Rights

…the Court’s rule (in Miranda v. Arizona) will return a killer, a rapist or other criminal to the streets…to repeat his crime whenever it pleases him… Justice White

Let us always respect, as I do, our courts and those that serve on them. But let us also recognize that some of our courts in their decisions have gone too far in weakening the peace forces against the criminal forces in this country. President Nixon

Miranda Rights – Judicial Review

“One is entitled to feel astonished that the Constitution can be read to produce this result” Justice Harlan

Did the court create these rights out of thin air? Whether or not these are good rights to have, is this an example of judicial review ‘gone to far’?

Miranda Refined

When do police have to read you your Miranda rights?

1. In custody1. Person has been arrested

2. Or its functional equivalent

2. Subjected to interrogation1. Direct questions about a crime are asked

2. Or its functional equivalent

Public Safety Exception

Lesson Objectives

Understand how Miranda v. Arizona extended the Fifth Amendment privilege against self-incrimination to individuals in the interrogation room.

Understand the controversy surrounding the Miranda warnings.

Further understand the debate around judicial review.

Civil Liberties vs. Public Safety

Miranda and Public Safety

In your promptbook write a response to the article and the quote below. What is your reactions to the issues raised?

"When we detain terrorism suspects, our top priority should be finding out what intelligence they have that could prevent future attacks and save American lives. Our priority should not be telling them they have a right to remain silent.” Senator John McCain

Lesson Objectives

Understand how Miranda v. Arizona extended the Fifth Amendment privilege against self-incrimination to individuals in the interrogation room.

Understand the controversy surrounding the Miranda warnings.

Further understand the debate around judicial review.