Skills objectives: As a result of this class, students will be better able to:
Identify when a police interaction is custodial and non-custodial
Effectively invoke the right to silence (Miranda)
Effectively invoke the right to counsel (Miranda)
Attitude objectives: students will be better able to feel:
That Miranda rights are important.
That they should be personally invested in understanding their rights.
Classroom Methods Introductory lecture on police custody with PowerPoint (see attached)
Begin with three short YouTube videos depicting arrests in various scenarios. Then ask the class to brainstorm what elements each one had in common. Key things to look for: place of arrest (enclosed/open), number of officers, use of physical contact/force, presence of weapons, cause for arrest.
http://www.youtube.com/watch?v=r_Ig34hQQXo (5 year old arrested)
Move into a discussion of difference between custodial and non-custodial interrogation based on United States v. Mendenhall, 446 U.S. 544 (1980).
Custodial: police have taken custody of interviewee, that is, they interviewee would not reasonably feel as if he could leave.
Also point out why this makes a difference through questions:
Why would it matter if it’s custodial or not? Because when it is custodial, there is a much greater risk that the interviewee or suspect would be coerced into saying something incriminating, which violates the 5th Amendment.
Remind the students about each video and ask them to determine at what point there was a custodial arrest. Try a few scenarios:
A single police officer gets on a bus and asks a rider to step outside with him. Is the rider in custody? Can he leave? Would it be reasonable for him to feel like he can leave?
Four police offers board the same bus. Same questions.
Summarize the basic points of arrest and remind students of the importance of knowing when they are in custody.
Introductory lecture on Miranda rights (with PowerPoint)
Introduce the basic idea of Miranda: protecting suspects’ 5th Amendment right against self-incrimination.
Play short video from ACLU on how to approach police interactions (http://www.youtube.com/watch?v=ti2-NjnalFU). A good place to start is at 0:40. The video contains some controversial topics (e.g. racial profiling) and swear words, so be sure to pre-screen it for the class’s maturity level. This video should be very accessible to high school aged students.
Give a basic introduction to right to silence and right to counsel, without a long discussion of invocation (especially right to silence).
Briefly introduce Miranda v. United States and the fact that the rights exist.
The point here is to demonstrate that using your rights isn’t always intuitive. Invocation will be covered in the group exercise.
Group Exercise for Miranda (see handouts attached)
Split into three groups of 6-7 people. Each group will have two people selected to be actors, and one narrator who describes the situation, but all will be involved in a preliminary discussion. Each group should read the facts on the paper, discuss the questions at the bottom, and try to come up with answers, knowing they will be called on to answer the questions in front of the class after the selected actors have acted out the scenario. After each scenario is acted out, call on the group, then call on the class to answer the questions.
Group 1: The Traffic Stop (based on Berkemer v. McCarty) – will demonstrate difference between custodial and noncustodial interrogation.
Group 2: The (Almost) Silent Prisoner (based on Berghuis v. Thompkins) – will demonstrate the burden to invoke the right to silence.
Group 3: The Ambiguous Request (based on Davis v. United States) – will demonstrate that even something an average person would think of as an invocation is not when in police custody.
Group discusses the questions presented on PowerPoint and on group sheets after each exercise.
Group debrief and summary (on PowerPoint)
Evaluation Student participation in class discussion and small group discussions/skits.