CJA201SLP2

docx

School

Trident University International *

*We aren’t endorsed by this school

Course

201

Subject

Law

Date

Jan 9, 2024

Type

docx

Pages

Uploaded by ElderParrotMaster912

1 Running Head: Miranda Rights in Oklahoma Miranda Rights in Oklahoma Gerardo Romero Maldonado Trident University International

2 Miranda Rights in Oklahoma Miranda Rights in Oklahoma Across the US, the 1966 case of Miranda v. Arizona mandated all jurisdictions to let citizens know, under police custody, of their Miranda rights. The right to remain silent and the right to legal counsel is now known across all communities in the country. There is no difference in its application in the Oklahoma state jurisdictions. The Sooner State has adapted Miranda Law since its inception, as have all the other states. This assignment will cover Miranda rights in Oklahoma jurisdictions, and the methods in which they are enforced, either effectively or disregarding them. Oklahoma State will be used as a whole, as the jurisdiction of Comanche County has limited information and archives of Miranda Law, its application, and cases involved with Miranda rights overview. It is imperative to understand Miranda Law and how Oklahoma administers such matters for law enforcement and individuals. Mirandizing in Oklahoma Like all other states and the jurisdiction within them, Oklahoma, within its state constitution, has incorporated Miranda rights. The state requires Miranda rights to be read after the suspect is in “custody. ‘Senate Bill 1647 of the 2 nd Session of the 48 th Legislature of 2002, provides insight on the application of Miranda law in Oklahoma. The literature requires all peace officers in Oklahoma who are investigating and searching with the person's consent, or without a warrant, to have the individual sign consent forms waiving their constitutional rights under the Fourth and Fifth Amendments of the United States Constitution. It aims to inform persons of their rights to remain silent, stop answering questions at any time, and have the right to have an attorney present. Additionally, the Oklahoma Department of Human Services (2014) provides a policy on Miranda rights as well. Before custodial interrogation, as their website states, their rights are given to them. This applies to all the state agents, not just peace officers. Additionally,

3 Miranda Rights in Oklahoma Title 10A. of the Oklahoma Statutes states the use of information provided by youths 16 and under, is inadmissible in court even after Mirandizing, without the presence of their parents, attorney, or legal guardian (JUSTIA, n.d.). With its many rules and interpretations, Miranda rights violations have been proven to be troubling in certain cases. Miranda Rights and Youth It is important to consider all literature pertaining to a case when Miranda rights have been infringed upon. In the State of Oklahoma, as mentioned previously, minors have more protections than those 18 and older. Let us look at the case of AMC v. State of Oklahoma, 2021. AMC is a seventeen-year-old, who would get interrogated by Oklahoma City homicide detectives while in custody (Draper, 2021). AMC claimed he couldn't read and was read his Miranda warning from a pre-printed waiver sheet and asked to initial and sign it to indicate a willingness to speak with law enforcement. During interrogation, AMC hadn't been formally charged with any crime but had been arrested for a probation violation. Additionally, AMC had not been adjudicated as an adult or youthful offender, potentially giving him the legal status of a child. The issue here was the admissibility of information obtained during the interrogation. The juvenile code in Oklahoma stipulates that information gained from a custodial interrogation of a child should not be admissible in court unless the interrogation occurs in the presence of parents, guardians, attorneys, or legal custodians. AMC argued that he was a child and that the custodial interrogation violated this law, requiring the suppression of any information obtained during it. However, the District Attorney's office contended that 15-, 16-, and 17-year-olds charged with first-degree murder should be treated as adults under the law. Ultimately, the court ruled that the custodial interrogation was deemed proper. In conclusion, the case of AMC v. State of Oklahoma

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

4 Miranda Rights in Oklahoma underscores the importance of considering the legal rights and protections afforded to minors, particularly regarding custodial interrogations and Miranda rights, Draper posits. Conclusion Miranda v. Arizona (1966) established the fundamental rights of individuals in police custody, including the right to remain silent and the right to legal counsel, and these rights apply uniformly across all jurisdictions in the United States, including Oklahoma. The enforcement of Miranda rights can be complex, particularly in cases involving minors like the AMC v. State of Oklahoma in 2021, where questions about the proper application of these rights arose. This case serves as a reminder of the crucial role of protecting the rights of minors during custodial interrogations and underscores the need for a comprehensive understanding of Miranda Law in Oklahoma's legal system, benefiting both law enforcement and individuals involved in the justice system.

5 Miranda Rights in Oklahoma References Draper, P. (2021). Council on Law Enforcement Education and Training: 2021 Legal Update . Retrieved from https://www.ok.gov/cleet/documents/Legal%20Update %202021%20(Revision%202)%20(10th%20Cir%20links%20fixed).pdf. Justia Law. (n.d.). 2014 Oklahoma Statutes Title 10A. Children and Juvenile Code §10A-2-2-301. Conduct of interrogations - Appointment of counsel - Guardians ad litem . Retrieved from https://law.justia.com/codes/oklahoma/2014/title-10a/section-10a-2-2- 301. Oklahoma Department of Human Services. (n.d.). OKDHS:2-7-7. Miranda Rights and Consular Notification. Retrieved from https://oklahoma.gov/okdhs/library/policy/current/okdhs/chapter-2/subchapter-7/miranda- rights-and-consular-notification.html. State of Oklahoma, 2nd Session of the 48th Legislature. (2002). Senate Bill 1647 . Retrieved from http://www.oklegislature.gov/cf_pdf/2001-02%20INT/sb/sb1647%20int.pdf.

CJA201SLP2

Related Documents