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Your Right to Remain Silent Miranda V Your Right to Remain Silent Miranda v. Arizona www.annenbergclassroom.org SUMMARY Snapshot of Lesson In 1966, the Supreme Court handed down a controversial 5-4 ruling in Miranda v. Arizona that dramatically changed criminal Grades: Middle School; High School (Focus) procedures throughout the country. For the first time in history, Subject Focus: Civics/Government the Court linked the Fifth Amendment’s privilege against self- incrimination to the Sixth Amendment’s guarantee of a right to Estimated Time: 3, 50-minute classes counsel and applied both to protect a suspect’s rights from arrest Alignment: National Standards for Civics and through trial. Government Grades 5-8, Grades 9-12; Common Core Standards: Literacy in History/ Within a year, every state had integrated specific guidelines given Social Studies, Science and Technical Subjects, in the majority opinion into a series of questions or statements Grades 6-8, 9-10, 11-12 known as Miranda warnings. To this day, all police officers seek- Materials/Equipment Needed: ing evidence for a conviction must inform a custodial suspect • Annenberg Video: The Constitution Project: of their “Miranda rights” before an interrogation by reading (or The Right to Remain Silent: Miranda v. reciting) the Miranda warnings. Arizona • Computer lab —Internet access and projector The process of “Mirandizing” is very well known, but it has changed over the years. Legal challenges made in the interest of Materials Included: Readings and Resources liberty and security have brought about Court-approved modifi- • Video Transcript cations. Now, in the age of global terrorism, Miranda faces new • Opinion of the Court: Miranda v. Arizona issues. Are more changes ahead? • Chapter 17: The Privilege Against Self- Incrimination, Our Rights—David J. This lesson is based on a video about the landmark Supreme Bodenhamer Court case that made law enforcement the protectors of individu- • Chapter 17: The Right to Remain Silent, Pur- al liberty where people are most vulnerable—in the interrogation suit of Justice by Kermit L. Hall and John J. room. Patrick • Fifth & Sixth Amendments, Our Constitution “No person . shall be compelled in any criminal case to be a by Donald Ritchie & JusticeLearning.org • Topics: Common Good; Government, Consti- witness against himself.” (Fifth Amendment) tutional and Limited; Justice; Liberty; Rights, Understanding Democracy, A Hip Pocket You have the right to remain silent (Miranda warnings) Guide by John J. Patrick NOTES AND CONSIDERATIONS Student Activities • Class-Prep Assignment • This lesson presupposes that students are familiar with • Information and Excerpts for Background Supreme Court cases, legal terminology, and constitutional • Student’s Video Guide principles. • A Closer Look at Miranda Warnings • Making the Rules • Technology is relied on to facilitate learning. Teacher Materials • This is a self-contained lesson with resources and activities • Teacher’s Video Guide that can be adapted to different teaching styles, length of • Through the Lens of the Common Core • Keys for student work classes, and levels of students. Standards-level Detail • National Standards for Civics and Government TOPICS • Arrest procedures • Justice • Bill of Rights • Liberty v. security • Criminal justice system • Miranda warning • Federal and state law enforcement • Police interrogation practices • Fifth Amendment • Privilege against self-incrimination • Historical basis for right to remain silent • Responsibilities of citizens • Individual rights and the common good • Supreme Court • Responsibilities, and limits of government • U.S. Constitution • U.S. Court System NATIONAL STANDARDS Document: National Standards for Civics and Government (1994) Center for Civic Education http://new.civiced.org/national-standards-download 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? 2 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. 3 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 http://www.corestandards.org/ELA-Literacy Reading in History/Social Studies 6-8 Writing 9-10 Key Ideas and Details Text Types and Purposes CCSS.ELA-Literacy.RH.6-8.1 CCSS.ELA-Literacy.WHST.9-10.1 CCSS.ELA-Literacy.RH.6-8.2 CCSS.ELA-Literacy.WHST.9-10.2 CCSS.ELA-Literacy.RH.6-8.3 Production and Distribution of Writing Craft and Structure CCSS.ELA-Literacy.WHST.9-10.4 CCSS.ELA-Literacy.RH.6-8.4 CCSS.ELA-Literacy.WHST.9-10.6 CCSS.ELA-Literacy.RH.6-8.6 Research to Build and Present Knowledge Integration of Knowledge and Ideas CCSS.ELA-Literacy.WHST.9-10.7 CCSS.ELA-Literacy.RH.6-8.7 CCSS.ELA-Literacy.WHST.9-10.8 CCSS.ELA-Literacy.RH.6-8.8 CCSS.ELA-Literacy.WHST.9-10.9 CCSS.ELA-Literacy.RH.6-8.9 Range of Writing Range of Reading and Level of Text Complexity CCSS.ELA-Literacy.WHST.9-10.10 CCSS.ELA-Literacy.RH.6-8.10 --------------------------------------------------- Writing 6-8 Reading in History/Social Studies 11-12 Text Types and Purposes Key Ideas and Details CCSS.ELA-Literacy.WHST.6-8.1 CCSS.ELA-Literacy.RH.11-12.1 CCSS.ELA-Literacy.WHST.6-8.2 CCSS.ELA-Literacy.RH.11-12.2 Production and Distribution of Writing Craft and Structure CCSS.ELA-Literacy.WHST.6-8.4 CCSS.ELA-Literacy.RH.11-12.4 CCSS.ELA-Literacy.WHST.6-8.6 CCSS.ELA-Literacy.RH.11-12.5 Research to Build and Present Knowledge CCSS.ELA-Literacy.RH.11-12.6 CCSS.ELA-Literacy.WHST.6-8.7 Integration of Knowledge and Ideas CCSS.ELA-Literacy.WHST.6-8.8 CCSS.ELA-Literacy.RH.11-12.7 CCSS.ELA-Literacy.WHST.6-8.9 CCSS.ELA-Literacy.RH.11-12.8 Range of Writing CCSS.ELA-Literacy.RH.11-12.9 CCSS.ELA-Literacy.WHST.6-8.10 Range of Reading and Level of Text Complexity CCSS.ELA-Literacy.RH.11-12.10 --------------------------------------------------- Writing 11-12 Text Types and Purposes Reading in History/Social Studies 9-10 CCSS.ELA-Literacy.WHST.11-12.1 Key Ideas and Details CCSS.ELA-Literacy.WHST.11-12.2 CCSS.ELA-Literacy.RH.9-10.1 Production and Distribution of Writing CCSS.ELA-Literacy.RH.9-10.2 CCSS.ELA-Literacy.WHST.11-12.4 CCSS.ELA-Literacy.RH.9-10.3 Research to Build and Present Knowledge Craft and Structure CCSS.ELA-Literacy.WHST.11-12.7 CCSS.ELA-Literacy.RH.9-10.4. CCSS.ELA-Literacy.WHST.11-12.8 CCSS.ELA-Literacy.RH.9-10.6 CCSS.ELA-Literacy.WHST.11-12.9 Integration of Knowledge and Ideas Range of Writing CCSS.ELA-Literacy.RH.9-10.9 CCSS.ELA-Literacy.WHST.11-12.10 Range of Reading and Level of Text Complexity CCSS.ELA-Literacy.RH.9-10.10 4 STUDENT OUTCOMES Knowledge, skills, and dispositions Students will .
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