Public safety exception is a rule that permits a claim made by a defendant at the time of giving information to the police about a suspect to be treated as evidence. This is an exception to the Miranda rule that requires that suspects be informed of their right to remain silent before interrogation (Raphael, 1998). Private correctional officers have become popular in recent times because of the difference they offer in the sector as compared to public correctional officers. A way of comparing the two sectors is looking at how various rules such as public safety exception are exercised. A correctional officer in the public sector wishing to apply for a job in the private sector, for example, has to meet certain conditions in accordance with public safety rule and he/she can be asked the following questions:
I. Do you understand fully the public safety exception?
II. Do you agree with the statements of the above law?
III. How far can you exercise the above law?
The first question is asked to determine whether the correctional officer understands the rule first so that other aspects of the exercise can be asked. The second question seeks to know whether the officer is of the idea of granting a suspect the Miranda law or is mindful of the safety of the public. The final question is meant to know how the officer will handle the law in various cases because the rule is practiced as per the type of the case. The three questions seek to discover whether the officer will interrogate a victim in a manner that his/her rights are not violated and at the same time being conscious of the danger the public is posed to if the victim exercises the Miranda law.
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References
Raphael, A. (1998). The Current Scope of the Public Safety Exception to Miranda Under New York v. Quarles. NY City L. Rev. , 2 , 63.
