Question
One of the most prominent protections in criminal law is the right against self-incrimination, which is famously guarded by the case known as Miranda. For
One of the most prominent protections in criminal law is the right against self-incrimination, which is famously guarded by the case known as Miranda. For this exercise, you will review a scenario and discuss whether or not the Miranda rules should be extended to cover the situation.
Fire Commissioner Joe McCune and First Deputy Commissioner Shane Daniels asked Shane's assistant, Tiffany Marshall, to come into Shane's office and shut the door. Another fireman stood by the door. The Commissioner and First Deputy questioned Tiffany for 40 minutes about money missing from the department. They also questioned her about non-department-related purchases on the fire department's Wal-Mart credit card. Tiffany confessed. The Commissioner called the police chief and the police came to the office to arrest her.
- Review the scenario above and answer the following questions:
- When is Miranda required?
- What does Miranda protect?
- What is the purpose of Miranda?
- Should Miranda be expanded to cover a confession in this situation? Why or why not?
- Does it make a difference if the employer is a private employer or government employer? That it was the fire department vs. some other public employer?
- What about school investigations? Can Miranda apply if a principal were investigating a crime that a student was suspected of committing?
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