Mr. Miranda was arrested and interrogated by police for two hours without being informed of his right to remain silent or his right to an attorney. Mr. Miranda subsequently confessed to the alleged crime. At trial, the oral and written confessions were presented to the jury and Mr. Miranda was found guilty. On appeal, the Supreme Court ruled that any confession obtained without informing a suspect of their Fifth and Sixth Amendment rights to remain silent and have an attorney present is inadmissible in court.

1. CJ 500 Sample Case Brief
Facts: Mr. Miranda was arrested at his residence, taken into
custody, and subsequently brought
to the police station. While in custody at the police station, Mr.
Miranda was identified by a
witness who made an accusation and complaint against him. Mr.
Miranda was then interrogated
by police officers for approximately two hours. Mr. Miranda
subsequently confessed to the crime
and gave a signed, written confession. Mr. Miranda was never
advised of his right to counsel or
his right to remain silent. At trial, the oral and written
confessions were presented to the jury.
Miranda was found guilty of kidnapping and rape and was
sentenced to 20 to 30 years
imprisonment on each count. On appeal, the Supreme Court of
Arizona held that Miranda’s
constitutional rights were not violated in obtaining the
confession.

2. Issue: Whether statements that are obtained from an individual
who is in custody and being
interrogated are admissible at trial if the suspect has not been
advised of his Fifth Amendment
privilege to remain silent and his Sixth Amendment right to
counsel.
Ruling: Confession received in violation of an individual’s Fifth
Amendment and Sixth
Amendment privileges are inadmissible in trial if the individual
has not been advised of his or
her rights.
Analysis: The court held that
there can be no doubt that the Fifth Amendment privilege is
available outside of criminal
court proceedings and serves to protect persons in all settings in
which their freedom of
action is curtailed in any significant way from being compelled
to incriminate
themselves. (Miranda v. Arizona, 1966)
As such,
the prosecution may not use statements, whether exculpatory or

3. inculpatory, stemming
from custodial interrogation of the defendant unless it
demonstrates the use of procedural
safeguards effective to secure the privilege against self-
incrimination. By custodial
interrogation, we mean questioning initiated by law enforcement
officers after a person
has been taken into custody or otherwise deprived of his
freedom of action in any
significant way. (Miranda v. Arizona, 1966)
The court further held that
without proper safeguards the process of in-custody
interrogation of persons suspected or
accused of crime contains inherently compelling pressures
which work to undermine the
individual’s will to resist and to compel him to speak where he
would otherwise do so
freely. (Miranda v. Arizona, 1966)
Therefore, a defendant
must be warned prior to any questioning that he has the right to
remain silent, that

4. anything he says can be used against him in a court of law, that
he has the right to the
presence of an attorney, and that if he cannot afford an attorney
one will be appointed for
him prior to any questioning if he so desires. (Miranda v.
Arizona, 1966)
Conclusion: Based on the aforementioned reasons, the U.S.
Supreme Court overruled and
reversed the conviction of Edwin Miranda in the state of
Arizona.
Reference
Miranda v. Arizona, 384 U.S. 436 (1966).

5. CJ 500 Case Brief Guidelines and Rubric
Overview: Many issues in the United States are focused on the
application of force in the field of law enforcement. Questions
have been raised as to whether
criminal justice professionals are applying the least amount of
force necessary to gain compliance from an unwilling subject.
Because of several recent
controversies surrounding the use of deadly force and the
treatment of individuals in police custody, many members of
society have been extremely critical of
the use of force. These controversial issues have created a
negative public perception of law enforcement officers, and
there have been demonstrations and
calls for reform in both the training and hiring of police
officers.
For this assignment, you will first read and analyze the Graham
v. Connor court decision. This decision is the seminal case that
articulates when and how use-of-
force situations will be reviewed and judged. As you read the
case, consider who the key stakeholders are (police officers,
police departments, citizens, etc.) in

6. the controversy and how this issue impacts the field of criminal
justice.
Prompt: After reading the case, write a brief in which you
address the elements listed below. This case brief will help you
address the impact of similar decisions
in studying your own issue analysis for the final project. Set up
your brief as the Sample Case Brief is set up, and include the
answers to the questions in the
Analysis section of the brief.
1. Facts: State the facts of the case and why the case went to
trial.
2. Issue: State what is at issue in the case.
3. Ruling: State the court’s ruling in the case.
4. Analysis: This section contains the bulk of the brief. In your
analysis, address the following:
a) In this case, what standard did the court use to determine
whether the use of force was reasonable? For instance, what did
the court say about
judging the objective reasonableness of the use of force?
b) What perspective did the court use in determining whether
the officer acted appropriately in the use of force? What did the
court say about
using hindsight to determine objective reasonableness?
c) What strategies do you believe should be employed to make
sure officers are applying the correct amount of force in any
given situation?
d) Analyze the connection between the issue of use of force and
what criminological theory contributed to the understanding—or
misunderstanding—of these issues.
5. Conclusion: Conclude the case brief by summarizing your

7. analysis.
Reference your textbook reading as well as the case material in
your submission. To facilitate this task, refer to the Sample
Case Brief document.
Guidelines for Submission: Your submission should be at least
1 page in length (in addition to title and reference pages). It
should use single spacing, 12-point
Times New Roman font, and one-inch margins. Follow APA
style for in-text citations and the reference list.
Rubric
https://supreme.justia.com/cases/federal/us/490/386/
http://snhu-
media.snhu.edu/files/course_repository/graduate/cj/cj500/cj500
_sample_case_brief.pdf
https://owl.english.purdue.edu/owl/resource/560/01/

8. Critical Elements Exemplary (100%) Proficient (90%) Needs
Improvement (70%) Not Evident (0%) Value
Facts Meets “Proficient” criteria, and
facts are detailed and specific
States the facts of the case and
why the case went to trial
States the facts of the case and
why the case went to trial, but
statement lacks detail or

9. contains inaccuracies
Does not state the facts of the
case or why the case went to
trial
15
Issue Meets “Proficient” criteria,
substantiated with evidence
from the case to support
statement
States what is at issue in the case States what is at issue in the
case, but statement lacks detail
or contains inaccuracies
Does not state what is at issue in
the case
7
Ruling Meets “Proficient” criteria,
substantiated with evidence
from the case to support
statement
States the court’s ruling in the
case
States the court’s ruling in the
case, but statement lacks detail
or contains inaccuracies
Does not state the court’s ruling
in the case

10. 7
Analysis:
Standard
Meets “Proficient” criteria,
substantiated with evidence
from the case to support
identification
Identifies what standard the
court used to determine whether
the use of force was reasonable
Identifies what standard the
court used to determine whether
the use of force was reasonable,
but identification contains
inaccuracies
Does not identify what standard
the court used to determine
whether the use of force was
reasonable
15
Analysis:
Perspective
Meets “Proficient” criteria,
substantiated with citations from
the case to support description
Identified the perspective the

11. court used to determine whether
the officer acted appropriately in
the use of force
Identifies the perspective the
court used to determine whether
the officer acted appropriately in
the use of force, but
identification lacks detail or
contains inaccuracies
Does not identify the perspective
the court used to determine
whether the officer acted
appropriately in the use of force
15
Analysis:
Strategies
Meets “Proficient” criteria,
substantiated with research-
based evidence to support
strategies
Identifies which strategies should
be employed to make sure
officers are applying the correct
amount of force in any given
situation
Identifies strategies to be
employed, but identified
strategies will not help to make
sure officers are applying the

12. correct amount of force in any
given situation
Does not identify which
strategies should be employed to
make sure officers are applying
the correct amount of force in
any given situation
15
Analysis:
Criminological
Theory
Meets “Proficient” criteria,
substantiated with examples of
criminological theory to support
connection
Analyzes the connection
between the issue of use of force
and which criminological theory
contributed to the understanding
(or misunderstanding) of these
issues
Analyzes the connection
between the issue of use of force
and which criminological theory
contributed to the understanding
(or misunderstanding) of these
issues, but analysis lacks detail or
contains inaccuracies

13. Does not analyze the connection
between the issue of use of force
and which criminological theory
contributed to the understanding
(or misunderstanding) of these
issues
15
Conclusion Meets “Proficient” criteria,
substantiated with evidence
from the case to support a
conclusion

14. Provides a conclusion that
summarizes the analysis
Provides a conclusion that
summarizes the analysis, but
conclusion contains inaccuracies
Does not provide a conclusion 7
Articulation of
Response
Submission is free of errors
related to citations, grammar,
spelling, syntax, and
organization, and is presented in
a professional, easy to read
format
Submission has no major errors
related to citations, grammar,
spelling, syntax, or organization
Submission has major errors
related to citations, grammar,
spelling, syntax, or organization
that negatively impact
readability and articulation of
main ideas
Submission has critical errors
related to citations, grammar,
spelling, syntax, or organization
that prevent understanding of
ideas

15. 4
Total 100%
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