NCJ Number
111919
Journal
Prosecutor Volume: 21 Issue: 4 Dated: (Spring 1988) Pages: 31-39
Date Published
1988
Length
9 pages
Annotation
A survey of Miranda issue decisions made the U.S. Supreme Court, the Federal Circuit Courts of Appeal, and the California Appellate Courts indicates that a considerable amount of court time and effort has been expended on these cases between 1966 and 1986.
Abstract
While it was assumed that issues raised by the original Miranda ruling would soon be resolved, the number of cases addressing such issues actually has increased over the past 20 years, as have the number of pages in the opinions disposing of them. Further, much confusion about Miranda issues continues to exist both within the judiciary and among law enforcement personnel. In addition to considering this expenditure of court time and effort, and the substantial costs associated with it, an assessment of the future of Miranda's mandate should be cognizant that the warnings are not constitutionally required, that other evidence of wrongdoing is not always available, and that acquittals and reversals based on Miranda technicalities lessen the offender's respect for the criminal justice system and further victimize the victims of crime. In addition, no evidence exists that Miranda significantly contributed to the improvement in police interrogation practices. In view of the above, the Supreme Court should take direct remedial action toward the demise of the Miranda requirements. 2 figures and 41 footnotes.