Week 6 Questions
1. Review the case law and scholarly commentary on the Miranda ruling. What is the prognosis for a Miranda extension?
2. What do critics means when they argue that while some advantage emerges from a lack of constitutional oversight, the price may be too high?
3. Lay out an explicit example of an overzealous application of the Bill of Rights in private security cases.
4. Where in the Constitution does private security receiving attention? Why have the courts been so comfortable applying the citizens’ arrest standard to the industry?
5. Describe in detail the requirements for citizens’ arrest. What variables must be considered in the determination whether the arrest is reasonable or not.
6. Compare and contrast the law of citizens’ arrest with public arrest processes.