Your Right to Remain Silent - Annenberg Classroom

Your Right to Remain Silent

Miranda v. Arizona



SUMMARY

In 1966, the Supreme Court handed down a controversial 5-4 ruling in Miranda v. Arizona that dramatically changed criminal procedures throughout the country. For the first time in history, the Court linked the Fifth Amendment's privilege against selfincrimination to the Sixth Amendment's guarantee of a right to counsel and applied both to protect a suspect's rights from arrest through trial.

Within a year, every state had integrated specific guidelines given in the majority opinion into a series of questions or statements known as Miranda warnings. To this day, all police officers seeking evidence for a conviction must inform a custodial suspect of their "Miranda rights" before an interrogation by reading (or reciting) the Miranda warnings.

The process of "Mirandizing" is very well known, but it has changed over the years. Legal challenges made in the interest of liberty and security have brought about Court-approved modifications. Now, in the age of global terrorism, Miranda faces new issues. Are more changes ahead?

This lesson is based on a video about the landmark Supreme Court case that made law enforcement the protectors of individual liberty where people are most vulnerable--in the interrogation room.

"No person . . . shall be compelled in any criminal case to be a witness against himself." (Fifth Amendment)

You have the right to remain silent (Miranda warnings)

NOTES AND CONSIDERATIONS

? This lesson presupposes that students are familiar with Supreme Court cases, legal terminology, and constitutional principles.

? Technology is relied on to facilitate learning.

? This is a self-contained lesson with resources and activities that can be adapted to different teaching styles, length of classes, and levels of students.

Snapshot of Lesson

Grades: Middle School; High School (Focus)

Subject Focus: Civics/Government

Estimated Time: 3, 50-minute classes

Alignment: National Standards for Civics and Government Grades 5-8, Grades 9-12; Common Core Standards: Literacy in History/ Social Studies, Science and Technical Subjects, Grades 6-8, 9-10, 11-12

Materials/Equipment Needed: ? Annenberg Video: The Constitution Project: The Right to Remain Silent: Miranda v. Arizona ? Computer lab --Internet access and projector

Materials Included: Readings and Resources

? Video Transcript ? Opinion of the Court: Miranda v. Arizona ? Chapter 17: The Privilege Against

Self-Incrimination, Our Rights--David J. Bodenhamer ? Chapter 17: The Right to Remain Silent, Pursuit of Justice by Kermit L. Hall and John J. Patrick ? Fifth & Sixth Amendments, Our Constitution by Donald Ritchie & ? Topics: Common Good; Government, Constitutional and Limited; Justice; Liberty; Rights, Understanding Democracy, A Hip Pocket Guide by John J. Patrick

Student Activities ? Class-Prep Assignment ? Information and Excerpts for Background ? Student's Video Guide ? A Closer Look at Miranda Warnings ? Making the Rules

Teacher Materials ? Teacher's Video Guide ? Through the Lens of the Common Core ? Keys for student work

Standards-level Detail ? National Standards for Civics and Government

TOPICS

? Arrest procedures ? Bill of Rights ? Criminal justice system ? Federal and state law enforcement ? Fifth Amendment ? Historical basis for right to remain silent ? Individual rights and the common good ? Responsibilities, and limits of government

? Justice ? Liberty v. security ? Miranda warning ? Police interrogation practices ? Privilege against self-incrimination ? Responsibilities of citizens ? Supreme Court ? U.S. Constitution ? U.S. Court System

NATIONAL STANDARDS

Document: National Standards for Civics and Government (1994) Center for Civic Education

Grades 5-8 Organizing Questions

The national content standards for civics and government are organized under five significant questions. The following outline lists the high-level organizing questions supported by this lesson.

I. What are civic life, politics, and government? A. What is civic life? What is politics? What is government? Why are government and politics necessary? What purposes should government serve? B. What are the essential characteristics of limited and unlimited government? C. What are the nature and purposes of constitutions?

II. What are the foundations of the American political system? A. What is the American idea of constitutional government? B. What are the distinctive characteristics of American society? C. What is American political culture? D. What values and principles are basic to American constitutional democracy?

III. How does the government established by the Constitution embody the purposes, values, and principles of American democracy? A. How are power and responsibility distributed, shared, and limited in the government established by the United

States Constitution? C. How are state and local governments organized and what do they do? E. What is the place of law in the American constitutional system? F. How does the American political system provide for choice and opportunities for participation?

V. What are the roles of the citizen in American democracy? B. What are the rights of citizens? C. What are the responsibilities of citizens? D. What dispositions or traits of character are important to the preservation and improvement of American

constitutional democracy? E. How can citizens take part in civic life?

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Grades 9-12 Organizing Questions

The national content standards for civics and government are organized under five significant questions. The following outline lists the high-level organizing questions supported by this lesson.

I. What are civic life, politics, and government? A. What is civic life? What is politics? What is government? Why are government and politics necessary? What purposes should government serve? B. What are the essential characteristics of limited and unlimited government? C. What are the nature and purposes of constitutions?

II. What are the foundations of the American political system? A. What is the American idea of constitutional government? B. What are the distinctive characteristics of American society? C. What is American political culture? D. What values and principles are basic to American constitutional democracy?

III. How does the government established by the Constitution embody the purposes, values, and principles of American democracy? A. How are power and responsibility distributed, shared, and limited in the government established by the United States Constitution? B. How is the national government organized, and what does it do? C. How are state and local governments organized and what do they do? D. What is the place of law in the American constitutional system?

V. What are the roles of the citizen in American democracy?

B. What are the rights of citizens?

C. What are the responsibilities of citizens?

D. What civic dispositions or traits of private and public character are important to the

preservation and improvement of American constitutional democracy?

E. How can citizens take part in civic life?

Note: A more detailed standards-level alignment related to these questions can be found in the Standards section at the end of this lesson plan.

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COMMON CORE STANDARDS

Document: English Language Arts & Literacy in History/Social Studies, Science and Technical Subjects Standards: Grades 6-12 Literacy in History/Social Studies, Science and Technical Subjects

Reading in History/Social Studies 6-8 Key Ideas and Details CCSS.ELA-Literacy.RH.6-8.1 CCSS.ELA-Literacy.RH.6-8.2 CCSS.ELA-Literacy.RH.6-8.3 Craft and Structure CCSS.ELA-Literacy.RH.6-8.4 CCSS.ELA-Literacy.RH.6-8.6 Integration of Knowledge and Ideas CCSS.ELA-Literacy.RH.6-8.7 CCSS.ELA-Literacy.RH.6-8.8 CCSS.ELA-Literacy.RH.6-8.9 Range of Reading and Level of Text Complexity CCSS.ELA-Literacy.RH.6-8.10 Writing 6-8 Text Types and Purposes CCSS.ELA-Literacy.WHST.6-8.1 CCSS.ELA-Literacy.WHST.6-8.2 Production and Distribution of Writing CCSS.ELA-Literacy.WHST.6-8.4 CCSS.ELA-Literacy.WHST.6-8.6 Research to Build and Present Knowledge CCSS.ELA-Literacy.WHST.6-8.7 CCSS.ELA-Literacy.WHST.6-8.8 CCSS.ELA-Literacy.WHST.6-8.9 Range of Writing CCSS.ELA-Literacy.WHST.6-8.10

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Reading in History/Social Studies 9-10 Key Ideas and Details CCSS.ELA-Literacy.RH.9-10.1 CCSS.ELA-Literacy.RH.9-10.2 CCSS.ELA-Literacy.RH.9-10.3 Craft and Structure CCSS.ELA-Literacy.RH.9-10.4. CCSS.ELA-Literacy.RH.9-10.6 Integration of Knowledge and Ideas CCSS.ELA-Literacy.RH.9-10.9 Range of Reading and Level of Text Complexity CCSS.ELA-Literacy.RH.9-10.10

Writing 9-10 Text Types and Purposes CCSS.ELA-Literacy.WHST.9-10.1 CCSS.ELA-Literacy.WHST.9-10.2 Production and Distribution of Writing CCSS.ELA-Literacy.WHST.9-10.4 CCSS.ELA-Literacy.WHST.9-10.6 Research to Build and Present Knowledge CCSS.ELA-Literacy.WHST.9-10.7 CCSS.ELA-Literacy.WHST.9-10.8 CCSS.ELA-Literacy.WHST.9-10.9 Range of Writing CCSS.ELA-Literacy.WHST.9-10.10 --------------------------------------------------Reading in History/Social Studies 11-12 Key Ideas and Details CCSS.ELA-Literacy.RH.11-12.1 CCSS.ELA-Literacy.RH.11-12.2 Craft and Structure CCSS.ELA-Literacy.RH.11-12.4 CCSS.ELA-Literacy.RH.11-12.5 CCSS.ELA-Literacy.RH.11-12.6 Integration of Knowledge and Ideas CCSS.ELA-Literacy.RH.11-12.7 CCSS.ELA-Literacy.RH.11-12.8 CCSS.ELA-Literacy.RH.11-12.9 Range of Reading and Level of Text Complexity CCSS.ELA-Literacy.RH.11-12.10 Writing 11-12 Text Types and Purposes CCSS.ELA-Literacy.WHST.11-12.1 CCSS.ELA-Literacy.WHST.11-12.2 Production and Distribution of Writing CCSS.ELA-Literacy.WHST.11-12.4 Research to Build and Present Knowledge CCSS.ELA-Literacy.WHST.11-12.7 CCSS.ELA-Literacy.WHST.11-12.8 CCSS.ELA-Literacy.WHST.11-12.9 Range of Writing CCSS.ELA-Literacy.WHST.11-12.10

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STUDENT OUTCOMES

Knowledge, skills, and dispositions Students will . . . ? Identify, connect, and relate historical events to the right to remain silent. ? Recognize the confluence of factors that brought about the decision in Miranda v. Arizona. ? Explore pro and con arguments related to Miranda. ? Gain insight into the reasoning used by the Supreme Court in Miranda v. Arizona. ? Explore the development, use, impact, and controversy surrounding the Miranda warnings. ? Appreciate the constitutional protections due each person in our system of justice. ? Make real-world connections.

Integrated Skills

1. Information literacy skills Students will . . . ? Extract, organize and analyze information from different sources. ? Use skimming and research skills. ? Organize information into usable forms. ? Build background knowledge to support new learning. ? Use technology to facilitate learning.

2. Media literacy skills Students will . . . ? Gather and interpret information from different media. ? Use online sources to support learning.

3. Communication skills Students will . . . ? Write and speak clearly to contribute ideas, information, and express own point of view. ? Write in response to questions. ? Respect diverse opinions and points of view. ? Interpret visual models. ? Develop interpretive skills.

4. Study skills Students will . . . ? Take notes. ? Manage time and materials. ? Complete an outline.

5. Thinking skills Students will . . . ? Describe and recall information. ? Make personal connections. ? Explain ideas or concepts. ? Draw conclusions. ? Analyze and evaluate issues. ? Use sound reasoning and logic. ? Evaluate information and decisions. ? Critique arguments.

6. Problem-solving & Decision-making Students will . . . ? Identify issues and facts. ? Analyze cause and effect relationships. ? Examine reasoning used in making decisions. ? Evaluate proposed solutions. ? Ask meaningful questions. ? Base decisions on sound reasoning.

7. Participation skills Students will . . . ? Contribute to small and large group discussion. ? Work responsibly both individually and with diverse people. ? Express own beliefs, feelings, and convictions. ? Show initiative and self-direction. ? Interact with others to deepen understanding.

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ASSESSMENT

Evidence of understanding may be gathered from student performance related to the following: ? Class-Prep Assignment ? Responses to each section in video guide ? Class discussion and daily assignments

VOCABULARY

admission of guilt adversarial system of justice amicus curiae appeal arrest Bill of Rights burden of proof certiorari Chief Justice Earl Warren civil liberties compelled concurring opinion confession conviction crime criminal criminal justice system criminal law criminal procedure criminal trial cruel and unusual punishment custody defendant Dickerson v. United States dissenting opinion

due process Escobedo v. Illinois evidence felony Fifth Amendment privilege framers Gideon v. Wainwright government guilt innocent until proven guilty interrogation James Hundley John Lilburn judicial opinion jurisdiction Justice Byron White Justice Hugo Black liberty magisterial opinion majority opinion Miranda rights Miranda warnings Mirandize misdemeanor noncustodial interview

opinion of the Court petitioner police police custody police interview prosecution public safety exception Richard Nixon respondent rights right to counsel right to remain silent security self-incrimination shall Sixth Amendment Star Chamber suspect taking the Fifth the third degree U.S. Constitution voluntary confession Warren Court Wickersham Commission

Resources for Definitions ? Findlaw--Law Dictionary

? National Standards for Civics and Government: Glossary

? NOLO's Free Dictionary of Law Terms and Legal Definitions

? Merriam-Webster Online

? Annenberg Classroom ? Glossary

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LESSON OVERVIEW

Goal: Students will . . . ? Learn about the U.S. Supreme Court decision in Miranda v. Arizona that extended the Fifth Amendment privilege against self-incrimination to individuals in the interrogation room and made the police responsible for informing custodial suspects of their right to remain silent. ? Gain insight into the development, use and controversy surrounding the Miranda warnings. ? Develop an appreciation for what is required of all Americans to help ensure the protection of individual rights and society under the Fifth Amendment.

Class-Prep Assignment: Students complete an independent assignment to build background knowledge for the video they will watch and study during the first in-class session.

DAY 1: Right in the Interrogation Room Students watch the video The Right to Remain Silent: Miranda v. Arizona and begin a guided study of the landmark Supreme Court decision.

DAY 2: The "Right to Remain Silent" Case Students extract information from the video and other sources to complete a detailed outline as a brief for Miranda v. Arizona in order to learn more about the case that requires police to inform criminal suspects of their right to remain silent.

DAY 3: Making the Rules Students make connections between the language used in the Miranda warnings and the words written by Chief Justice Earl Warren in the Miranda opinion. Through closer analysis of the sections, they learn about the reasons and principles of law upon which the decision is based and the arguments presented by the majority.

"The Fifth Amendment was designed to protect the accused against infamy as well as against prosecution."

--Justice William O. Douglas, dissenting opinion, Ullmann v. United States (1956)

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TEACHING ACTIVITIES: Day by Day

Class-Prep Assignment

This assignment provides important background knowledge and context for the content and concepts that will be covered in the video through narration, interviews, graphics, and embedded audio and video clips. Students should complete it as an independent activity before the first in-class session.

Materials/Technology Needed:

? Class-Prep Assignment Sheet (Student Handout) ? Information & Excerpts for Background (Student Handout) ? Computer with Internet access

Students will . . .

? Watch Annenberg Classroom: Online Video Documentaries The Story of the Bill of Rights (16:20) The Fifth Amendment (3:07) The Sixth Amendment (1:26)

? Read and Respond After reading each section in the handout (Information & Excerpts for Background), students will identify ONE significant point (e.g., problem, fact, idea, concept, value, principle, concern, issue, controversy, conclusion) and explain its importance. It may be important to them personally or important to others.

Sections in the Readings: 1. Rights, Liberties, and the Common Good 2. Commitment to Justice 3. Criminal Justice 4. U.S. Constitution and Bill of Rights 5. Protection Against Self-Incrimination 6. U.S. Court System

6.1 Federal and State Courts 6.2 Supreme Court 7. Law Enforcement 7.1 Federal Law Enforcement 7.2 State and Local Law Enforcement 8. Criminal Procedures

Remind students to bring their Class-Prep Assignment Sheet to class.

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