Should
the Miranda Warnings Be Required Police Procedure?
(Note
to teacher: Before beginning this activity, you may want to
have your students read the Background Information and complete
the activity "Controversy
over the Court's Decision." This will help familiarize
them with the arguments for and against Miranda.)
In
this activity, you will consider the value of that warning
from the perspective of various interest groups. After considering
these viewpoints, you will make your own decision and try
to persuade others to adopt your viewpoint.
Your
teacher will assign you to one of the following groups:
- Law
enforcement officials
- Civil/criminal
rights group
- Federal
prosecutors
- Defense
attorneys
- Victims'
rights group
- General
public
- Meet
with the other members of your group. As individuals,
you probably have certain opinions about the requirement
that police read suspects the Miranda warning.
For the remainder of this activity, set aside your personal
opinion, and try to instead play the assigned role. In
other words, think about the case from the perspective
of an individual who is a member of your assigned group.
- Brainstorm
the position that "real" members of that group
would take about the requirement that police read suspects
the Miranda warning. Consider issues such as the:
- purpose of the Miranda warning and the extent to which
it is successful in achieving that goal;
- extent to which the warning protects defendants and
which defendants it protects;
- extent to which the warning helps or hinders law enforcement
officials;·
the alternatives to reading the Miranda warning;
- consequences for police, defendants, and the general
public of overturning Miranda;
- costs and benefits of the Miranda ruling for
your group.
- As
a group, write an outline of your position. Each person
should make a copy of this outline, as students will need
their own copy for the next activity.
- Form
a "jigsaw group" composed of students who represent
each of the groups. Discuss your viewpoints. During the
discussion, each individual should remember to argue from
the assigned perspective. Can your new group reach a consensus?
On what aspects of the issue do you agree? On which aspects
do you disagree? All members of the group should take
notes.
- The
teacher will conduct a discussion to "debrief"
the class.
For
Extension:
Now that you have heard many different perspectives on the
issue, you are in a position to develop your own, educated
opinion regarding the requirement that suspects be read the
Miranda warning. Convince other members of the general
public to adopt your personal viewpoint on this issue by completing
one of the assignments below. In your product, clearly state
and support your position.
- Write
an editorial.
- Create
a political cartoon.
- Write
a speech to be delivered to an audience. On a separate
sheet of paper, write a paragraph in which you describe
the target audience and the speech techniques used.
- Create
a brochure or print advertisement. Your brochure should
contain visuals and text. On a separate sheet of paper,
write a paragraph in which you explain the message, the
target audience, and the propaganda techniques used.
- Create
a storyboard for a television commercial. On a separate
sheet of paper, write a paragraph in which you explain
the message, the target audience, the propaganda techniques,
and the video and audio techniques used.
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