Webquest:

Miranda – what are your constitutional rights under the 5thAmendment of the United      
   States Constitution

 

Introduction 

You have all heard the warnings a thousand times in the movies and on TV:           

            You have the right to remain silent.

            Anything you say can and will be used against you in a court of law.

            You have the right to consult an attorney before questioning.

            You have the right to have your attorney present with you during questioning.

            If you cannot afford an attorney, one will be appointed for you at no expense to you.

            You may choose to exercise these rights at any time. 

Miranda rights are again a hot topic for discussion in the criminal justice subject area because of the recent review of these rights based on an appeal from the 4th Circuit Court of Appeals to the U.S. Supreme Court. 

In this project, you will be exploring the opposing viewpoints on this topic, reviewing recent case decisions on this topic, and reviewing the original case which led to this landmark case ruling in 1966, Miranda v. Arizona. 

 

Task 

Students will research the case ruling pertaining to Miranda from a specific perspective as they assume one of the following roles:  victim, investigating police officer, prosecutor, defense attorney, judge, or defendant.  Students will write their individual perspectives and be prepared to defend them as we debate these issues and their respective roles under the guidance of the U.S. Constitution. 

 
Process

  1. Within your group, choose a role, or draw for your role.

  2. Examine the web-based and print resources to discover what the issues are from your role perspective and unique point of view.

  3. Write out your individual perspectives and be prepared to defend them as your group debates these issues and their respective roles under the guidance of the U.S. Constitution.

  4.  Develop group consensus from class members regarding the Miranda decision.  Should it remain as significant case law or not?

Resources

  1. Internet – online articles.  Review pertaining to Miranda

www.about.com - Miranda Warnings:  what’s the point?

http://caselaw.findlaw.com/data/Constitution/amendment05

http://law.about.com/media/currentevents

http://law.about.com/media/mirandawarningsoptional

FindLaw.com:United States Case Law:4th Circuit Court

http://www4.law.cornell.edu/uscode/18/3501.text.html

http://www.law.utah.edu/faculty/bios/cassell/main5.html

http://www.fbi.gov/library/leb/1997/mar976.htm

http://www.jrnl.com/news/99/Feb/jrn30160299.html

http://www.bergen.com/morenews/miranda199902126.htm

http://www.courttv.com/legalhelp/lawguide/criminal/91.html

http://www.bergen.com/news/dyfsow199711275.htm

http://law.edianews/law/library/weekly/aa980330.htm

http://emergency.com/miranda.htm

http://faculty.ncnw.edu/toconnor/miranda.htm

http://www.duidefense.com/arrest/miranda.htm

http://library.northernlight.com

http://members.aol.com/ingramorg/index.htm

http://westlaw.com 

  1. Newspaper articles;  review the following newspapers for articles on Miranda

www.news-observer.com

www.charlotte.com/observer

www.nytimes.com

www.latimes.com

http://cnn.com

http://www.washingtonpost.com

http://www.msnbc.com/news 

  1. Print resource; review pertaining to Miranda

Wright, Lawrence.  Remembering Satan.  Random House, Inc.  May 1995.

 

 

Evaluation:

Each group member will be evaluated on the strength of their written and oral argument for the perspective role they are presenting.  They will be evaluated by their class members (40%) and the instructor (60%) on the strengths of their argument and how well they support their argument in writing and orally.  Each oral argument shall be supported by a reference that supports their perspective role and position.

Oral Presentation Rubric

Possible points

Points gained
Completely covers topic from Perspective role

10
Presentation well planned and coherent 

10
Statements; fully supported

10

Communication; clear and useful

10
Comfort in perspective role 

10
Total possible points

50

Written Presentation Rubric

Possible points

Points gained
Completely covers topic from Perspective role

10
Presentation well planned and coherent 

10
Statements; fully supported case citations  

10
Communication; clear and well thought out

10
 Correct Spelling and Grammar 

10
Total possible points

50

Conclusion

The student will develop a better understanding of the case law – Miranda v. Arizona, 1966.  The student will be able to explain in writing and orally the pertinent component parts of Miranda v. Arizona, 1966 as it operates under the 5th Amendment of the U.S. Constitution.

Oliver M. Thompson, ADJ3, 1-20-00