NCJ Number
145226
Journal
American Criminal Law Review Volume: 30 Issue: 4 Dated: (Summer 1993) Pages: 1277-1328
Date Published
1993
Length
52 pages
Annotation
This discussion of the right to avoid interrogation leads to conclusions about the general applicability of section 1983 of the civil rights statutes in Miranda cases.
Abstract
The first section examines the privilege against self- incrimination in terms of the Miranda decision and the U.S. Supreme Court's post-Miranda posture, which is based upon a "prophylactic" rationale. This is followed by a discussion of the lower court decisions, emphasizing the ruling in Cooper v. Dupnik in terms of its impact on police deterrence and the right to avoid interrogation. Core Fifth Amendment values which affect the right against self-incrimination include protecting evidentiary liability, preserving the accusatorial model, and respecting human dignity. Section 1983 provides a remedy for the use of evidence tainted under Miranda. The author concludes that no Section 1983 actions should be available in any cases based on violations of Miranda rights, but that instead, Miranda should be protected by the expanded use of the exclusionary rule. 313 notes