What Are We Doing Here, Anyway?
- Syllabus? Isn't that what teachers hand out at the beginning of the school year that no one reads? Oh, a different kind of syllabus. An overview of the case. Got it.
- Nice and clear at the beginning here. We've got multiple cases, with suspects in police custody, questioned by police officers, with no warning of their rights.
- All four cases resulted in confessions, which led to the defendants being convicted. The pattern seems pretty clear. People are just spilling their guts.
- Next up, we get a review of the Fifth Amendment. No confessions may be used in court that resulted from police interrogation unless the police made sure the defendant was aware of their rights.
- This part tells us that interrogation environments are, by default, intimidating. It's pretty much impossible for a confession to really be someone's free choice.
- You're detained, you're surrounded by police, the coffee's terrible—a recipe for misery.
- Next, emphasizing that the Fifth Amendment right to remain silent is central to America's law system.
- Now we get a quick reference to Escobedo v. Illinois. (Remember that one? Sure you do. This case set the precedent for a citizen's right to a lawyer.)
- Then the Syllabus gives us a rundown of what would become known as the Miranda Warning. Before being asked questions, anyone in custody (as in, not free to leave) must be informed of their right to remain silent, that what they say can be used against them in court, and that they may have a lawyer, for free if needed.
- Next is a quick clarification in specific situations. Nothing to say to the cops? Interrogation is done. Want a lawyer? No questions until one shows up.
- If the questions continue and there is a lawyer, the police must make sure to have proof that the defendant knew about his/her right to remain silent.
- All of these rights and warnings must be documented for any statement or confession to be used in court.
- To wrap up, everyone has to follow these rules, but they shouldn't get in the way of the police doing their job. Hmm, that sounds kinda tough, considering the police are actually protecting the suspect.
- The Syllabus ends with a review of the fact that in all four cases, confessions were gained without the protections that should have been given to the defendants.