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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