Commentary on Inbau and Manak's "Miranda v. Arizona -- Is it worth the cost? (A Sample Survey with Commentary of the Expenditure of Court Time and Effort)"

• NCJ Number: 116870
• Journal: California Western Law Review Volume: 25 Issue: 1 Dated: (1988-1989) Pages: 87-95
• Author(s): M Lippman
• Date Published: 1989
• Length: 8 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

The need to preserve the Miranda rule in order to protect the fifth amendment is greater than the judicial time and effort expended.

Abstract

Inbau and Manak's "Miranda v. Arizona" analysis reflects the view that the judicial time and effort devoted to protect the integrity of fifth amendment rights is a social benefit rather than a cost. Reinforcing Miranda rule imposes on the police the general obligation to respect a suspect's constitutional rights. The amount of time and effort expended by various appellate courts in disposing of Miranda issue cases is discussed, and the cost of Miranda is questioned. From 1966 to 1986 the Supreme Court had only 44 cases. The author feels there will be limited impact on the problem of crime and that Miranda rule should be preserved and strengthened. 66 notes.