AP American Government

1
AP American Government

• Unit 1 Constitutional Interpretation and the
  Bill of Rights

2
Miranda v. Arizona (1966)

• Deals with testimony of the accused
• Procedural Due Process self incrimination
• Substantive Due Process the right always exists
  and people must be informed of this natural and
  pre-existing right.

3
Miranda v. Arizona (1966)

• For Miranda to be in effect
• 1) Evidence must have been gathered
• 2) Evidence must be testimonial
• 3) Suspect must have been in custody when
  evidence was gathered
• 4) The evidence has to have been gathered from
  interrogation
• 5) The interrogation has to be conducted by state
  agents
• 6) The evidence obtained must be used in the
  prosecution of the suspect.

4
Miranda v. Arizona (1966)

• The police must inform the person in custody of
  the following four things there is no standard
  statement used throughout the country.
• 1) The suspect has the right to remain silent.
• 2) Anything the suspect says can be used against
  them in court proceedings.
• 3) The suspect has the right to an attorney and
  to have them present during questioning.
• 4) The indigent have the right to have the State
  appoint and pay for attorney representation.
• Before questioning, the person in custody must
  clearly state they understand their rights and
  they either want legal representation or will
  voluntarily waive their Miranda rights.

5
Miranda v. Arizona (1966)

• New York v. Quarles (1984) public safety
  exception
• Berghuis v. Thompkins (2010) Change of mind
  issues
• Florida v. Powell (2010) reasonableness