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Thread: Must a Social Worker Advise an Incarcerated Def of His Rights Under Miranda?

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    Must a Social Worker Advise an Incarcerated Def of His Rights Under Miranda?

    In a very interesting issue: On February 13, 2018, the Supreme Court of Ohio heard oral argument in State of Ohio v. Demetrius Jackson, 2017-0145. At issue in this case is whether a suspect’s rights have been violated when he is questioned, without being informed of his Miranda rights, by a children’s services social worker who must report her findings to a law enforcement agency. Jackson was arrested for raping a fourteen-year-old girl. After his arrest, Jackson was advised of his Miranda rights by a Cleveland Police detective. While being held in the Cuyahoga County Jail, Jackson was interviewed by a social worker from the Cuyahoga County Division of Children and Family Services. The social worker did not advise Jackson of his Miranda rights. Jackson admitted to having what he claimed was consensual sex with the minor girl, who he thought was 18.

    Very very interesting constitutional issue.

    What’s on Their Minds: Must a Social Worker Advise an Incarcerated Defendant of His Rights Pursuant to Miranda?
    Any time you give a man something he doesn't earn, you cheapen him. Our kids earn what they get, and that includes respect. -- Woody Hayes​

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    Quote Originally Posted by DGUtley View Post
    In a very interesting issue: On February 13, 2018, the Supreme Court of Ohio heard oral argument in State of Ohio v. Demetrius Jackson, 2017-0145. At issue in this case is whether a suspect’s rights have been violated when he is questioned, without being informed of his Miranda rights, by a children’s services social worker who must report her findings to a law enforcement agency. Jackson was arrested for raping a fourteen-year-old girl. After his arrest, Jackson was advised of his Miranda rights by a Cleveland Police detective. While being held in the Cuyahoga County Jail, Jackson was interviewed by a social worker from the Cuyahoga County Division of Children and Family Services. The social worker did not advise Jackson of his Miranda rights. Jackson admitted to having what he claimed was consensual sex with the minor girl, who he thought was 18.

    Very very interesting constitutional issue.

    What’s on Their Minds: Must a Social Worker Advise an Incarcerated Defendant of His Rights Pursuant to Miranda?
    Interesting problem. I suspect that the social worker would be considered an agent of the police, so yes. OTOH, since he'd already been "mirandized", it could be a moot point.


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    It is an interesting issue. A friend of mine is on the Ohio Supreme Court and I'll reach out to her after the decision. She may not wish to discuss it but we'll see.

    The Bettman blog is one of my favorite for Ohio Supreme Court discussions.
    Any time you give a man something he doesn't earn, you cheapen him. Our kids earn what they get, and that includes respect. -- Woody Hayes​

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    Quote Originally Posted by DGUtley View Post
    It is an interesting issue. A friend of mine is on the Ohio Supreme Court and I'll reach out to her after the decision. She may not wish to discuss it but we'll see.

    The Bettman blog is one of my favorite for Ohio Supreme Court discussions.
    I'd like to hear the result too. Not a legal guy here. I have a Master's in International Relations, courtesy of Troy State and your tax dollars, but only one business class and only one legal class in all my years of schoolin'.


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    Quote Originally Posted by Max Rockatansky View Post
    I'd like to hear the result too.
    I will try to remember to report the result. I'm a 'rights' guy. It wouldn't take much to have these folks Mirandize as they walk in. Is it required? I'd never considered it.
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    Quote Originally Posted by DGUtley View Post
    I will try to remember to report the result. I'm a 'rights' guy. It wouldn't take much to have these folks Mirandize as they walk in. Is it required? I'd never considered it.
    Being a "rights guy" is definitely the way to go.

    Wellllll, according to all my years of watching "Law & Order"......agreed, they should be Mirandized the moment they walk in the door or are taken into custody. This guy was, so that helps. I'm fuzzier on how many times the State has to do it. Every day? Every time someone talks to him without his lawyer?


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    Social Workers are not law enforcement personel and have no law enforcement powers. You get read your rights by a Police Officer before he interrogates you or has decided to arrest you.

    Social Workers should not be making decisions as to whether or not a person should be referred to the police. The way it works is a social worker is informed of a possible underage rape or child abuse, she immediately should turn that over to the police. They have no place in the decision making for an arrest.

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    Quote Originally Posted by DGUtley View Post
    In a very interesting issue: On February 13, 2018, the Supreme Court of Ohio heard oral argument in State of Ohio v. Demetrius Jackson, 2017-0145. At issue in this case is whether a suspect’s rights have been violated when he is questioned, without being informed of his Miranda rights, by a children’s services social worker who must report her findings to a law enforcement agency. Jackson was arrested for raping a fourteen-year-old girl. After his arrest, Jackson was advised of his Miranda rights by a Cleveland Police detective. While being held in the Cuyahoga County Jail, Jackson was interviewed by a social worker from the Cuyahoga County Division of Children and Family Services. The social worker did not advise Jackson of his Miranda rights. Jackson admitted to having what he claimed was consensual sex with the minor girl, who he thought was 18.

    Very very interesting constitutional issue.

    What’s on Their Minds: Must a Social Worker Advise an Incarcerated Defendant of His Rights Pursuant to Miranda?
    Never answer any questions without a lawyer present..........my best advise
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    Quote Originally Posted by Max Rockatansky View Post
    Being a "rights guy" is definitely the way to go.

    Wellllll, according to all my years of watching "Law & Order"......agreed, they should be Mirandized the moment they walk in the door or are taken into custody. This guy was, so that helps. I'm fuzzier on how many times the State has to do it. Every day? Every time someone talks to him without his lawyer?
    If they know he has an attorney or is getting one appointed by the courts, all questions are off limits.
    For waltky: http://quakes.globalincidentmap.com/
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    Igitur qui desiderat pacem, praeparet bellum

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    Quote Originally Posted by stjames1_53 View Post
    If they know he has an attorney or is getting one appointed by the courts, all questions are off limits.
    Agreed. I'm guessing this idiot decided not to ask for one. If he did, and one wasn't provided, he walks on anything said.


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