| With Miranda, It's A Matter
Of Context Facts:
Biff and Jake are professional burglars who have been robbing
jewelry stores for four years without getting caught by the police. One night,
Biff wants to try his luck at robbing a museum instead of jewelry stores. Jake
is nervous about Biff's ambitious scheme, but decides to go along with it anyway.
After breaking into the museum through a basement window, the two men begin greedily
filling their bags with all of the rare artifacts they can carry. Jake's nerves
finally get the better of him, though, when he knocks over a large vase that triggers
the burglar alarm. The museum is soon surrounded by police, who quickly find Biff
and Jake trying to escape out of the window with their loot. Both men are handcuffed
and read their Miranda rights by the police, who warn: You have the right
to remain silent. Anything you say may be used against you in a court of law.
You have the right to an attorney before speaking and to have an attorney present
during questioning. If you cannot afford an attorney, one will be appointed for
you.
When they arrive at the police station five minutes later, Biff
and Jake are taken to separate interrogation rooms. Each man is
again informed of his rights to remain silent and to have an attorney
present during police questioning. They are then each asked by
detectives: "Knowing and understanding your rights as I have
explained them to you, are you willing to answer my questions
without an attorney present?" Biff refuses to answer any
questions and requests that his attorney be brought to the police
station to attend his interrogation. Meanwhile, Jake is determined
to handle his predicament himself since it was his clumsiness
that caused the burglary to fail. He tells police, "I don't
want an attorney, but I'm not talking to you either since I have
the right to remain silent."
You be the Judge: What actions are the police allowed
to take, while still protecting Biff and Jake's constitutional
rights?
A.The police
cannot interrogate Biff until his attorney arrives and cannot interrogate Jake
until he is brought to a preliminary court hearing. The
court should rule this way. B. The police must give Biff's attorney a
reasonable amount of time to arrive at the police station, but can begin to interrogate
him without his attorney after that time has passed. Jake can immediately be interrogated.
The court should rule this way. C. The
police cannot interrogate Biff until his attorney arrives and cannot begin to
interrogate Jake until after a significant amount of time has passed and they
have given him a fresh set of Miranda warnings. The
court should rule this way.
D. The police cannot interrogate Biff until his attorney arrives,
but can begin to interrogate Jake after a reasonable amount of
time has passed. The court
should rule this way.
You Be The Judge!
|