Tutor profile: William C.

What is the Miranda Warning?

The Miranda warning is: You have the right to remain silent Anything you say can and will be used against you in the court of law You have the right to an attorney If you cannot afford an attorney, one will be appointed to you, if you so desire You can decide at any time to exercise these rights and not answer any questions. Do you understand these rights that I have explained to you? Having these rights in mind, do you wish to speak with me now? The Miranda warning should be read to a suspect when that person is in custody and are being questioned about a crime. In Minnesota we use the simple formula of: Interview + Custody = Miranda There is some interpretations about what custody actually means. To some custody can mean being placed under arrest. In other cases, the suspect may think they are in police custody if they are questioned at their home or on the street. If the person being questioned may interpret the police encounter as being in custody, officers should err on the side of caution and read the Miranda warning. In most cases, reading a person their Miranda rights will reduce the likelihood of a good criminal case being tossed out by a Judge.

What is the C.S.I. effect? How can officers combat this phenomenon in the courtroom?

The C.S.I. effect is the impact that crime dramas have on jurors when they decide on a verdict in a criminal case. To combat this, officers that specialize in crime scene processing should be aware of the C.S.I. effect. They need to be ready to testify about what methods were used to collect evidence, why they used this method and why other methods were not feasible. Jurors need to understand the resources and equipment officers use and their limitations. In a nutshell, preparation is key. Officers and the prosecuting attorney need to be ready to explain what processing a crime scene entails and anticipate what issues a defense attorney may raise.

Is it possible to balance individual rights and personal freedoms with social control and respect for legitimate authority? Why or why not?

In my experience respecting individual rights and respect for legitimate authority go together. When the public believes the police are respecting their constitutional rights, they will respect legitimate authority such as their local police department. Respect for authorities can lead to greater social control and compliance Over the past few years, in this country, we have seen mass protests and rioting after incidents where people saw police abusing their authority. People believed their constitutional rights were being violated and responded by ignoring law and order and showing a lack of respect for authority. It is possible to maintain social control and law and order while respecting individual rights.