NCJ Number
107827
Journal
ABA Journal Volume: 73 Dated: (November 1987) Pages: 86-92
Date Published
1987
Length
7 pages
Annotation
Citing cases where killers have gone free on technicalities, the U.S. Department of Justice and Attorney General Meese are attacking the landmark Miranda decision and seeking to have its scope limited.
Abstract
Critics view this attack as an attempt by the Administration to impose its ultraconservative legal agenda on the public. Some feel that the Miranda decision has worked effectively to prevent very real abuses of suspects in custody, while others feel that reversing the decision would have little practical effect. In building its case, the administration has argued that Miranda is unconsitutional and does not allow for a balance between the rights of the accused and the rights of society to apprehend and convict felons who have freely and voluntarily confessed their crimes. In addition, conservatives argue that the decision has led to a remarkable decline in the number of confessions and has seriously skewed justice in favor of offenders. While it is unlikely that the administration will be able to overturn the Miranda decision, it has confined Miranda to its core operations and has been successful in preventing the expansion of the Warren Court decisions.