Author Question: Explain why a public safety exception to the Miranda Warning was adopted by the U.S. Supreme Court. ... (Read 44 times)

shofmannx20 · **on:** Aug 17, 2018

Explain why a public safety exception to the Miranda Warning was adopted by the U.S. Supreme Court.

What will be an ideal response?

Question 2

Explain the difference between testimonial and physical evidence as it relates to privilege against compulsory self-incrimination.

What will be an ideal response?

nicoleclaire22 · **Reply #1 on:** Aug 17, 2018

Answer to Question 1

Answer: In New York v. Quarles, the Supreme Court stated that Miranda warnings need not be given in a situation
involving a threat to public safety. The Court held that if there is an objectively reasonable need to
protect the police or the public from immediate danger that the police could forgo the warning.

Answer to Question 2

Answer: Evidence is not protected by the privilege unless the evidence is testimonial in nature. A defendant may
be forced to provide fingerprints, voice exemplars, blood tests, and so on. The Fifth Amendment applies
only to testimonial evidence. Testimonial evidence is evidence that only a witness provides. Any
physical evidence is not included in the privilege.