NCJ Number
195916
Journal
Sheriff Volume: 54 Issue: 4 Dated: July/August 2002 Pages: 40-41,44,45
Editor(s)
Mike Terault
Date Published
2002
Length
4 pages
Annotation
This article reviews the ethical dilemma faced by criminal investigators in the area of Miranda Rights, under the Fifth Amendment of the U.S. Constitution, when interrogating an individual incarcerated in jail and suspected of committing a crime.
Abstract
An inmate is injured in jail after being assaulted by one or more inmates in the same housing area. The criminal investigator is faced with questions of should they begin interviewing the inmates or “Mirandize” all the inmate witnesses. There is a concern that proceeding with an interview may create civil rights violations subjecting the investigator to potential civil liabilities. Investigators must know the Miranda requirement and then proceed legally and ethically to safeguard an individual’s rights while working to legally obtain information and evidence for possible prosecution. The Miranda requirement is triggered when two-prongs are present: custody and interrogation. The jail crime investigator must determine whether the inmate suspect has been previously advised of his or her Miranda rights. This determination provides the investigator with the appropriate direction to take in regards to interrogation. A jail crime investigator has many hurdles to consider when persons in custody are suspected of criminal action committed in the jail. There is the need to safeguard constitutional rights and allow investigators to do what is legal, fair, and ethical.