Explain and discuss the two specific conditions (i.e., triggers) that must exist before the Miranda Warning needs to be given and the two exceptions (not the waiver) to the Miranda Warning.

M3D1: “You have the right to…” – the Miranda Warning
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Module 3
Many criminal justice students have heard and seen many different myths regarding when law enforcement officials MUST give a suspect their Miranda Warnings. Incorrect application of Miranda Warnings may lead to the suppression or exclusion of critically important incriminating evidence. Consequently, in the absence of other sufficient evidence, an otherwise guilty person may be freed. When conducting investigations, law enforcement officers often must rely on statements that the defendant made at the time of arrest or subsequently. This testimonial evidence, in the absence of any physical evidence or witnesses, can be critical in successfully convicting a criminal. To ensure that citizens’ rights are protected, certain procedures must be followed; chief among them is the appropriate and correct execution of the Miranda Warning.
Additionally, the legal constraints on evidence are controlled by the Fourth and Fifth Amendments. To balance the rights of citizens versus public order, there are procedural and legal rules regarding arrest, search, and seizures, such as the Exclusionary Rule, that can affect the outcome of a case.
Before answering the discussion question, view the video, Police Questioning and Interrogation
(Links to an external site.)
[Video File][05 Min 08 Sec], available from the Excelsior College Virtual Library Films on Demand collection.
After reading the assignments, lectures, PowerPoint presentations, and viewing the video above, you have a better understanding of the correct application of the Miranda Warning. For this discussion address the following topics:
Explain and discuss the two specific conditions (i.e., triggers) that must exist before the Miranda Warning needs to be given and the two exceptions (not the waiver) to the Miranda Warning.
Find a case where Miranda was not given and discuss the results of the case.
this is the video for Meranda
https://digital-films-com.vlib.excelsior.edu/p_ViewVideo.aspx?xtid=48002&loid=148920

https://digital-films-com.vlib.excelsior.edu/p_ViewVideo.aspx?xtid=48002&loid=148920

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