Two generations of empirical scholarship on Miranda suggest that the Miranda requirements have exerted a negligible effect on the ability of the police to elicit confessions and on the ability of prosecutors to win convictions. Reflecting a fundamental tenet in American culture and law, Miranda today seeks to protect the "free choice" of a suspect to decide whether to answer police questions during interrogation. The rationale of Miranda as elaborated by the Supreme Court has evolved from encouraging suspects to resist police interrogation to informing suspects that they have a right to resist. It also required that suspects voluntarily, knowingly, and intelligently waive these rights in order for any resulting confession to be admitted into evidence at trial. Arizona required that police inform suspects, prior to custodial interrogation, of their constitutional rights to silence and appointed counsel.
0 Comments
Leave a Reply. |