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Where Have You Gone, Miranda? Trends, Predictions, and Best Practices

OnDemand Webinar (87 minutes)

Completely understanding Miranda rights will help in interpreting warnings and protections, ensuring a fair litigation process.

Law enforcement officers, government officials, and attorneys alike must understand the privilege against compelled self-incrimination as interpreted by Miranda v. Arizona, the oft-cited Supreme Court decision giving rise to a series of warnings and rights owed to suspects in custody prior to interrogation. Even in light of several recent Supreme Court decisions which narrow Miranda's protection, understanding what language or acts are constitutionally required to administer a Miranda warning, or to preserve or waive a suspect's Miranda rights, are critical to preventing a Miranda violation and preserving evidence for trial.

This ondemand webinar helps those responsible for interpreting Miranda warnings and protecting Miranda rights review what actions, traditionally, constitute a waiver of Miranda, an assertion of the right to remain silent, and an assertion of the right to consult with an attorney. We will also discuss several recent Supreme Court cases that impact both the requirements of Miranda warnings given by law enforcement officers and the manner in which a suspect may invoke his Miranda rights thereafter. This webinar will enable participants to identify trends in Miranda rights and violations in state and local jurisdictions.

Failing to abide by the constitutional requirements of Miranda could result in the inadmissibility of confessions at trial, as well as appeals. This webinar is critical for persons in law enforcement, government, and defense attorneys, to ensure their custodial interrogations meet the requirements of the law.

Authors

Beth Forsythe, Dorsey & Whitney LLP Edward B. Magarian, Dorsey & Whitney LLP

Agenda

Understanding Miranda Rights

• About Miranda v. Arizona

• Traditionally: What Is Required and When, and What Is the Effect of a Miranda Violation?

Recent Supreme Court Cases Affecting Miranda

• Three 2010 Supreme Court Cases Significantly Narrow Miranda

• Recent Supreme Court Cases Regarding Custody and Pre-Arrest Interrogation Definitions

• Law Resulting From These Cases Tends to Favor Law Enforcement

Reactions to Recent Miranda Cases

• By Lower Courts

• By Law Enforcement

• By Media, Scholars, and the Public

Issues to Watch and Best Practices

• Issues to Watch

- Public Safety Exception

- Languages Other Than English

• Best Practices