Discussion 19 and 20
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Apr 3, 2024
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Discussion 19
What were the potential challenges and problems presented by confessions in the Central Park Five case?
The potential challenges and problems presented by confessions in the Central Park Five Case began after intense interrogations that ranged between 14 and 30 hours. After four of the five confessed to the
crime the recanted their confessions because they claimed they had been coerced by police. In my opinion there were four challenges / problems. The first was that there was no physical evidence that linked the young men to the crime. Lack of physical evidence presents a huge obstacle for any prosecutor. The second problem / challenge was that none of the evidence indicated that there was more than one attacker. The third problem / challenge was that the semen found in the victim did not match any of the young men. And the last challenge / problem presented is all four of the confessions were inconsistent with each other and with the physical evidence from the crime scene. Discussion 20
How should Miranda rights be read, and how would you advise someone to properly invoke their Miranda rights.
Miranda Rights is one of the most important aspects of the criminal justice system. Miranda rights (also known as Miranda warnings) inform a criminal suspect of two fundamental rights: The right to remain silent and The right to have an attorney present during interrogation. Law enforcement officers must inform suspects of their Miranda rights. If a suspect understands these rights, any statements they make may come back to bite them. In criminal law, any suspect's statement made in a subsequent interrogation may be used in their court case. The statements are admissible as evidence against the suspect if they did not clearly invoke the right to remain silent or the right to an attorney. The Miranda Rights are as follows: “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 an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you
wish to speak to me?”
The Supreme Court ruled that silence and body language are ambiguous, and the most direct way to invoke your right to remain silent is to tell an interrogator, "I invoke my Miranda right to remain silent." However, there are other ways to invoke clearly. Or you could also state that you are exercising your right
to remain silent, or that you choose to remain silent, that you only want to speak with your attorney and that you want to talk with your attorney first. While no specific words are required to invoke the right, the Supreme Court has held that an invocation is sufficient so long as "a reasonable police officer, in the circumstances, would understand the statement to be a request for an attorney."
(Miranda v. Arizona)
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