Protocols, Procedures; Miranda Rights (POLICE)
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exculpatory
DEFINITION
adjective form of exculpate
ex·cul·pate
[ˈekskəlˌpāt]
VERB
formal
show or declare that (someone) is not guilty of wrongdoing:
"the article exculpated the mayor"
synonyms:
release · liberate · free · set free · let go · let out · allow to leave · [more]
inculpatory
DEFINITION
adjective form of inculpate
in·cul·pate
[inˈkəlpāt, ˈinkəlˌpāt]
VERB
accuse or blame:
"he blamed himself, but also inculpated his fiancée"
synonyms:
incriminate · implicate · involve · blame · accuse · denounce · inform against · blacken the name of · entrap
incriminate:
"someone placed the pistol in your room in order to inculpate you"
synonyms:
incriminate · implicate · involve · blame · accuse · denounce · inform against · blacken the name of · entrap
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.”…
US Courts
https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-miranda-
v-
arizona#:~:text=Miranda%20was%20found%20guilty%20of%20kidnapping%20and%20rape,not%20violated
%20in%20obtaining%20the%20confession.%20Vignera%20v.
Excerpts: Issues
Whether “statements obtained from an individual who is subjected to custodial police interrogation” are
admissible against him in a criminal trial and whether “procedures which assure that the individual is
accorded his privilege under the Fifth Amendment to the Constitution not to be compelled to incriminate
himself” are necessary.
Supreme Court holding
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.” As such, “the
prosecution may not use statements, whether exculpatory or 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.”…
https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-miranda-
v-
arizona#:~:text=Miranda%20was%20found%20guilty%20of%20kidnapping%20and%20rape,not%20violated
%20in%20obtaining%20the%20confession.%20Vignera%20v.
MIRANDA RIGHTS: What it is, How it works
What it is, amendments involved, when police violate it
1966 US Supreme Court Case - Miranda v. Arizona
What is the Miranda rights case?
The term "Miranda Rights" comes from a historic 1966 U.S. Supreme Court case called Miranda v. Arizona.
The court held that if the police want to question (interrogate) a person in police custody, they must tell
them of the Fifth Amendment protection against self-incriminating statements and their right to an
attorney.
Fifth Amendment Miranda Rights - FindLaw
www.findlaw.com/criminal/criminal-rights/miranda-rights …
5th Amendment Connection
…they must tell them of the Fifth Amendment protection against self-incriminating statements and their
right to an attorney
www.findlaw.com/criminal/criminal-rights/miranda-rights …
What amendment was involved in the Miranda v Arizona case?
The foundation of the Miranda v. Arizona case is found in the Constitution. The 5th Amendment to the
United States Constitution requires suspects of crimes to be informed of their rights during an arrest,
including the right to remain silent.
Miranda V Arizona - Kids | Laws.com
kids.laws.com/miranda-v-arizona
When do police violate the Miranda rule?
But if the police fail to read a suspect his or her rights, the prosecutor can't use anything the suspect says
as evidence against the suspect at trial. Most of the time, when the police fail to follow the Miranda rule,
the defendant's statements cannot be used against him or her at trial -- but there are several exceptions.
When Police Violate the Miranda Rule - Nolo.com
www.nolo.com/legal-encyclopedia/when-police-violate-th…
What are the requirements for Miranda rights?
Miranda laws require that the person be read their rights, which are: the right to be silent, the right to
request an attorney, and the right to have an attorney provided by the state in the event that they can’t
afford one.
Reference: www.legalmatch.com/law-library/article/miranda-warning-laws.html
LINKS LIST
www.findlaw.com/criminal/criminal-rights/miranda-rights …
kids.laws.com/miranda-v-arizona
legaldictionary.net/miranda-rights/
www.legalmatch.com/law-library/article/miranda-warning-laws.html
https://new-mexico.lawi.us/miranda-warning/#:~:…
https://new-mexico.lawi.us/miranda-warning/#:~:…
www.nolo.com/legal-encyclopedia/when-police-violate-th…
https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-miranda-v-
arizona#:~:text=Miranda%20was%20found%20guilty%20of%20kidnapping%20and%20rape,not%20violated%20in%20ob
taining%20the%20confession.%20Vignera%20v.
ARTICLES
NM Mexico Encyclop. of Law-Miranda Rights
https://new-mexico.lawi.us/miranda-warning/#:~:…
Miranda Rights dot org
https://new-mexico.lawi.us/miranda-warning/#:~:…
Corp Watch
[Note: although this article goes on to discuss a labor dispute involving age discrimination, it starts out discussing
another issue involving Miranda Rights]
2003/04/22 constitutional ban on forced confessions
https://corpwatch.org/article/us-supreme-court-rule-general-dynamics-age-discrimination-case
US: Supreme Court to Rule on General Dynamics Age Discrimination Case
Published by Washington Post | By Charles Lane | Tuesday, April 22, 2003
The Supreme Court announced yesterday that it will review a Colorado case that could help further define the
constitutional ban on forced confessions. At issue is whether physical evidence that authorities discovered because of
what a suspect told them before being fully informed of his rights should have been admissible in court.
Under the court's famous 1966 Miranda ruling, a suspect's statement in police custody cannot be used against him
unless police first tell him that he has a right to remain silent and to have a lawyer present during questioning.
But in this case, U.S. v. Patane, No. 02-1183, the issue is whether courts must also exclude physical evidence police find
based on information a suspect gave without first being "Mirandized."
https://corpwatch.org/article/us-supreme-court-rule-general-dynamics-age-discrimination-case
[Accessed 2021/02/15; Published by Washington Post | By Charles Lane | Tuesday, April 22, 2003]
What are some examples of Miranda rights?
Example of Miranda Rights in Use. Police arrest Mark for burglary. After he is taken into custody, the officers start
interrogating him about the crime, without reading him his Miranda rights. Mark describes certain elements of the
crime, which basically amounts to a confession.
Miranda Rights - Definition, Examples, Cases, Processes
legaldictionary.net/miranda-rights/
QUALIFIED IMMUNITY
New Mexico
Reason dot com
2021/02/19 New Mexico Could Be the Third State To Authorize Lawsuits Against Abusive Cops Without
Qualified Immunity: A bill approved by the state House would let people sue government officials for
violating rights protected by the state constitution. By Jacob Sullum
https://reason.com/2021/02/19/new-mexico-could-be-the-third-state-to-authorize-lawsuits-against-
abusive-cops-without-qualified-immunity/
US TITLE 1983
https://www.law.cornell.edu/uscode/text/42/1983
POLICE REPORTS
Focus on how, but indicates the need for good police reports and their usage by others later
FBI dot gov LEB
2017/05/10 Perspective Writing Clear, Effective Police Reports: No English Degree Required By Jean
Reynolds, Ph.D.
https://leb.fbi.gov/articles/perspective/perspective-writing-clear-effective-police-reports-no-english-
degree-required
Excerpt: Report writing continues to be a vital task for law enforcement. Police officers often have heard
that the most powerful instrument they carry is a pen.1 Unfortunately, writing reports sometimes
intimidates recruits, instructors, administrators, and even seasoned officers.
Law enforcement reports become scrutinized more than most documents.2 Fear of mistakes often triggers
memories of school days spent diagramming sentences, memorizing parts of speech, and laboring over
complex writing assignments.
As a result, recruits often dread report writing more than any other subject in their training. Experienced
officers higher up in the career ladder say that they could do a better job teaching report writing or
reviewing statements if they possessed a stronger background in English.
Individuals who share those feelings may be surprised to hear that they know more about English than
they think. They can find solutions for the writing problems they encounter. With extensive experience in
all types of police writing, the author has learned that almost anyone who meets law enforcement
entrance requirements can learn to write effective reports without a lengthy detour into academic English
Updates: 2022/05/29; 2021/10/06 editing; 2021/09/29 additions and editing
Resources and Input
Policing, Borders, Drugs, Cartels
and System Corruption