According to SCOTUS, what do the words “custody” and “interrogation” mean?
According to SCOTUS, what do the words “custody” and “interrogation” mean? Why is custodial interrogation “inherently coercive,” according to the majority?
According to SCOTUS what do the words custody and interrogation mean
In Chapter 8, the case Miranda vs. Arizona is covered. Under the Case Topic: Does the Fifth Amendment apply to custodial interrogations, you will need to read the case, opinion, and dissent and answer the following questions:
Questions
Firstly, according to SCOTUS, what do the words “custody” and “interrogation” mean?
Secondly, why is custodial interrogation “inherently coercive,” according to the majority?
Thirdly, identify and explain the criteria for waiving the right against self-incrimination in custodial interrogation.
Fourthly, on what grounds do the dissenters disagree with the majority’s decision? What interests are in conflict, according to the Court?
Further, how do the majority and the dissent explain the balance of interests established by the Constitution?
Also, which is more consistent with the relevant criminal procedures ideals regarding the law of police interrogation, the majority’s bright-line rule, requiring warnings, or the dissent’s due process test, weighing the totality of circumstances on a case-by-case basis? Finally, defend your answer
More details;
Miranda: The Meaning of “Custodial Interrogation”
Movies and television shows commonly portray police officers arresting and handcuffing suspects, reading them their Miranda rights, and questioning them. But Miranda comes into play in more scenarios than this one. The Miranda warning requirement arises if the suspect is subject to any kind of “custodial interrogation.”
(For situations in which the warning isn’t necessary, see Exceptions to the Miranda Rule. And to learn about whether the government can use information it acquires in violation of Miranda, see When Police Violate the Miranda Rule.)
Custodial Interrogation
The term “custodial” refers to the suspect being in custody. It doesn’t necessarily mean handcuffs. Rather, it means that the police have deprived the suspect of his or her freedom of action in any significant way. (See Is a traffic stop an “arrest” within the meaning of Miranda? )
“Interrogation” means questioning. This questioning can be in the form of an officer asking the suspect direct questions, or it can be comments or actions by the officer that the officer should know are likely to produce an incriminating reply. (For a detailed discussion of what kind of police behavior equals interrogation, see Do officers have to read the Miranda rights before talking to a suspect?)
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