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Excelsior College Application of Miranda Rights Case Law Analysis

While there are a few amendments that could apply to this case, the one that most directly applies is the Fifth Amendment.

The Fifth Amendment is written as follows:

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
-Fifth Amendment to the United States Constitution

For a brief overview of the Fifth Amendment, please watch the following video:


Below is a case that is key to understanding how the Fifth Amendment applies to the field of criminal justice:

Miranda v. Arizona

Click here for a summary of the case and its conclusion. (Links to an external site.)

Please watch the explanation below about the Miranda v. Arizona case and its impact on the Fifth Amendment:


Engage in a discussion about the Fifth Amendment, thinking in both general terms and in regard to the scenarios in this module. Respond to the following prompts in your initial post:

  • Find two other cases that are important Fifth Amendment cases. Share them in your post and explain why they are impactful.
    • If you can find any videos or other resources to accompany the specific cases, include those as well.
    • You can model this portion of your post based on the Key Cases section above.
  • Why do you believe the Fifth Amendment is important to the following pillars of the field of criminal justice (choose only one for your response): 
    • Police
    • Courts
    • Corrections
  • Have there been any instances in your career where the Fifth Amendment became an issue?
  • Now that you know for sure that the Fifth Amendment applies to the gas leak scenario in M2.2, do you have any further thoughts about that scenario that have not already been discussed?

Part 2 –  Discussion: Network Debate

When incidents occur between police officers and perceived victims, the incidents become the focus of cable news network broadcasts. For better or worse, such broadcasts drive the national discussion about the events.

Before continuing, please watch the following cable news panel for inspiration:


For this discussion, you will choose a role  as one of the following contributors to the broadcast and the position they should take for the conversation:

  • Host/moderator – Neutral
  • Legal analyst – Neutral at this point – Please choose this role
  • Politician – Slager is not guilty
  • Political commentator – Slager is guilty
  • Community activist – Slager is guilty

You are tasked with discussing the Slager trial in a broadcast that takes place on the evening of the first day of the trial (after both opening statements have been made in court). The discussion should include the following aspects:

  • Opening statements by each contributor.
    • Ideally the moderator would make the first post but that is not a requirement.
  • Points and counter-points back and forth.
  • Closing statements by each contributor.
    • Closing statements should include a summary of your position and expectations for the outcome of the trial.


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