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Miranda More than Words - Law Day 2016

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In observance of the ABA's Law Day 2016 and the 50th anniversary of Miranda v. Arizona, MyCase chronicles the effects of this landmark decision in this "Miranda More than Words" infographic.

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Miranda More than Words - Law Day 2016

  1. 1. NEW YORK v. QUARLES: Established “public safety” exception to the Miranda rule. 1984 RHODE ISLAND v. INNIS: Despite Miranda rights being invoked, confession was admissible since it occurred during casual conversation and not during an interrogation. 1980 1968 GREENWALD v. WISCONSIN: Court looked at “totality of circumstances” of interrogation and concluded confession was not voluntary LAW DAY 2016 More Than Words MIRANDA: INJUSTICE ANYWHERE IS A THREAT TO JUSTICE EVERYWHERE. — Dr. Martin Luther King Jr., letter from Birmingham Jail (April 16, 1963) “ “ 1966 Miranda v. Arizona: Established procedural safeguards for interrogation now know as “Miranda warnings” DICKERSON v. UNITED STATES: The Court held that Congress may not pass legislation designed to supersede Miranda since it is a constitutional rule. 2000 HOWES v. FIELDS: Miranda does not apply to interrogations of inmates for alleged “jailhouse crimes” 2011 OREGON v. MATHIASON: Miranda rights held inapplicable where defendant was not “in custody.” 1977 MARYLAND v. SHATZER: Police may reopen questioning of a suspect who has invoked Miranda rights after a break of 14 days. 2010 SALINAS v. TEXAS: Witness must expressly invoke Fifth Amendment rights since said rights do not extend to those who simply choose to remain silent. 2013 CONFESS? • Duress • Coercion • Intoxication • Diminished capacity • Mental impairment • Ignorance of the law WHY DO INNOCENT PEOPLE MORE THAN 1 out of 4 people WRONGFULLY CONVICTED BUT LATER EXONERATED BY DNA EVIDENCE MADE A FALSE CONFESSION OR INCRIMINATING STATEMENT. The reasons that people falsely confess are complex and varied, but what they tend to have in common is a belief that complying with the police by saying that they committed the crime in question will be more beneficial than continuing to maintain their innocence. The factors that can contribute to a false confession during a police interrogation include: In observance of the American Bar Association’s Law Day 2016 and the 50th anniversary of one of our nation’s best-known U.S. Supreme Court cases, Miranda v. Arizona, MyCase chronicles the effects of this landmark decision upon our jurisprudence and constitutional rights: • Fear of violence • The actual infliction of harm • The threat of a harsh sentence • Misunderstanding the situation Contributing Causes of Wrongful Convictions (First 325 DNA exonerations) Total is more than 100% because wrongful convictions can have more than one cause. 72% 47% 27% 15% PERCENTAGE OF EXONERATION CASES Eyewitness Misidentification (235 cases) Unvalidated / Improper Forensics (154 cases) False Confessions / Admissions (88 cases) Informants / Snitches (48 cases) HAVE EXPOSED OFFICIAL MISCONDUCT AT EVERY LEVEL AND STAGE OF A CRIMINAL INVESTIGATION. DNA EXONERATIONS Common forms of misconduct by include: PROSECUTORS Employing suggestion when conducting identification procedures Coercing false confessions Lying or intentionally misleading jurors about their observations Failing to turn over exculpatory evidence to prosecutors Providing incentives to secure unreliable evidence from informants Withholding exculpatory evidence from defense Deliberately mishandling, mistreating or destroying evidence Allowing witnesses they know or should know are not truthful to testify Pressuring defense witnesses not to testify Relying on fraudulent forensic experts Making misleading arguments that overstate the probative value of testimony Average Number of Years Served Number of DNA Exonerations 337 14 Number of Real Perpetrators Found 140 officials include: LAW ENFORCEMENT Common forms of misconduct by You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to talk to a lawyer and have the lawyer present with you while you are being questioned. If you cannot afford a lawyer,one will be appointed to represent you before any questioning if you wish. You can decide at any time to exercise these rights and not answer any questions or make any statements. Do you understand each of these rights as i have explained them to you? Having these rights in mind, do you wish to talk to us now? 1 2 3 4 5 6 7 MIRANDA WARNING THE MYCASE IS EASY-TO-USE LAW PRACTICE MANAGEMENT SOFTWARE THAT HELPS YOU MANAGE CASES, TRACK TIME, INVOICE AND RECEIVE PAYMENTS, AND COMMUNICATE WITH CLIENTS. SOURCES LawDay.org http://www.americanbar.org/groups/public_education/initiatives_awards/lawday2016/lawdayguide.html= Innocence project http://www.innocenceproject.org/causes-wrongful-conviction/false-confessions-or-admissions#sthash.07hY6D9z.dpuf http://www.innocenceproject.org/causes-wrongful-conviction/government-misconduct#sthash.IAbK61hr.dpuf

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