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Discussion Questions - Miranda v. Arizona

Use these questions to jumpstart a discussion of Miranda v. Arizona and J.D.B v. North Carolina.

Miranda v. Arizona

1. What aspect of the Fifth Amendment does the Miranda decision address?

2. In what circumstances does the Miranda decision apply?

3. What does the Miranda decision require law enforcement officers to do in those circumstances?

4. Why does it matter whether people suspected of a crime who are in the custody of law enforcement are advised of their rights?

5. How do the warnings set forth by the Supreme Court relate to the Fifth Amendment?

6. What happens if Miranda warnings are not given to a suspect who is later put on trial for criminal charges? Why?

Apply J.D.B. v. North Carolina to the fictional scenario in People v. Brandon Salinger.

1. If J.D.B. and Brandon had been given a Miranda warning, what would the police have said to them?

2. What factors should be considered in determining whether a person is in custody?

3. Does it matter if J.D.B. and Brandon were in custody at the time they were questioned? Why or why not?