Alvarado is a 17 year old high school student. A police detective contacted his mother who agreed to bring him to the police station for questioning about a recent crime. When Alvarado arrived with his parents, the detective denied the parents’ request to remain with their son during the interview. While the parents waited in the lobby, Alvarado was questioned by police. He was not advised of his Miranda rights. During the two hour session, the detective twice asked Alvarado if he wanted to take a break. Alvarado admitted to his role in a murder and robbery that police were investigating. At the end of the interview Alvarado went home. His confession was offered as evidence against him at trial. Should he have been read his Miranda rights? Explain your answer.
I am sure that many individuals can quote the Miranda rights: "You have a right to remain silent..." Although you may be able to quote the Miranda rights, can you identify which constitutional amendments those statements are based on? Does your knowledge of the Miranda rights come from tv shows and movies? Like many students, we take what should and should not be done based on what we watch; however, that may not always be the case. So how do you engage students in learning concepts that go beyond textbook memorization? How do you engage students in discussions that go beyond emotions and feelings to analysis using proper evidence? SCENARIOS (I like saying "What would you do..." or "What if...").
Presenting information in the form of a scenario engages students in a way that goes beyond basic knowledge. When students are asked to read a scenario and explain their thoughts (using evidence more than "just because"), it requires them to apply knowledge using a deeper level of understanding. For example, consider the above scenario. I have used this as a bellringer in a Canvas discussion thread. After reading the scenario, students have to post their thoughts about this case. In this situation, majority of students will incorrectly state why or why not Miranda rights should have been read. BUT...that is ok since this is an introductory bellringer to constitutional amendments. I use this case in hopes of getting the students' attention. Also, before telling them the answer, have students who say "yes, read the rights" stand on one side of the room and "no to rights" stand on the other side of the room. Give each side a chance to explain their reasoning. You can also give them a chance to change sides after hearing from other students.
Once everyone has a chance to express their thoughts, I tell them the answer to the scenario (if there is one...sometimes, scenarios are hypothetical). By the way, you may be asking what did happen in this case which is a real Supreme Court case. Here is the answer:
In a five to four decision, the Court strongly suggested that Alvarado was not in custody for Miranda purposes (Due to the procedural posture of the case, the Court’s actual holding was that the lower court had not ruled unreasonably when it determined that Alvarado was not in custody.) Alvarado came voluntarily to the police station, was never told that he could not leave, was not threatened with arrest, and was allowed to return home after the interview. In determining whether Miranda warnings are required, the custody inquiry is from the point of view of a reasonable suspect in the situation, not the particular suspect actually in the situation. Thus, Alvarado’s age and inexperience with police were irrelevant in the custody inquiry. Yarborough v. Alvarado (2004).
After telling students the outcome of this actual case, have them reflect on their original answer. Ask students for their thoughts. Use this opportunity to transition into the study of Miranda v Arizona or constitutional amendments (or just to engage students in classroom discussions).
Court cases are an incredible way to engage students in classroom discussions while at the same time teaching students to support opinions with facts. I did not create this scenario. It came from Street Law, an incredible organization that all teachers should use. Not only can you use any of the court cases to create discussions but this organization has deliberation activities already prepared for you. Majority of resources are at no cost to teachers. You have to "add to the cart" but you will see it is $0. Majority of all my resources I use in Government AND Economics come from this website. Please take the time to navigate this site. You will not be disappointed.
You may be asking how I use court cases for discussions in Economics. Very easily. Street Law has several court cases that deal with businesses. For example, EEOC v Abercrombie is an excellent case to use for Economics or Business Law. In order to convert this handout into a scenario, give students the BACKGROUND and FACTS of the case (from handout) then present them with the constitutional question. After discussing their thoughts, give them the ruling. Another case that deals with trademarks is Matel v Tam.
Here is another example of how I took a current event and turned it into a classroom activity that led into discussions where students had to analyze evidence and support opinion with reasoning: Gopher Frog "What do you think?" Activity
As with any instructional resource, however, just implementing a strategy, such as classroom discussions, will not be effective if not done properly. In this case, it is not quantity but quality...are you moving students to a deeper level of understanding through the discussion? My Specialist degree was an online program. We had two classroom discussions to complete each week. These classroom discussions were not effective. They were basically a low-level response to something we read. We had to respond to two classmates which basically amounted to "I agree...I didn't think about that..." They were basically busy work to check to see if we read the text. These are not an effective use of classroom discussions. Using these types of discussion posts (rather online or worksheets) will only disengage students.
I have listed some resources for you if you would like more information on how to effectively engage students in classroom discussions.
John Hattie and Classroom Discussions
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