Please review the supplied information and answer the following questions: Miranda has been offered up as the solution to abusive police behavior. Has it worked? Do you have an alternative?
Please use: Constitutional Law for a Changing America: Rights, Liberties, and Justice 10th, Edition Lee Epstein and Thomas G. Walker ISBN-13: 978-1506380308 and the below attachment. Any additional references should be U.S. based scholarly references.
Criminal Law Bulletin
Volume 48, Issue 1
Criminal Law Bulletin
The Evolving State of Miranda: Legal and Policy Implications for Law Enforcement
Christina A. Toras and Jeffrey S. Magers[*]
Recent U.S. Supreme Court cases have yielded decisions impacting the Miranda doctrine as a protective device.
In a series of cases, the Court drew significant distinctions between the self-incrimination and right to counsel
standards established in Miranda v. Arizona and the degree to which these standards were meant to afford
constitutional protections to criminal defendants. There are several critical legal issues addressed in these opinions,
including whether a confession after the appointment of counsel may be used against the defendant, whether an
“ambiguous” right to counsel warning is sufficient under Miranda, whether Miranda rights remain in effect on re-interrogation, and whether the Miranda protections must be invoked unambiguously. A closer examination and analysis of the Court’s conclusions in Montejo v. Louisiana, Florida v. Powell, Maryland v. Shatzer, and Berghuis, Warden v. Thompkins seem to suggest a conservative trend in the interpretation of the Miranda protections.
In the years following the Miranda decision, law enforcement agencies have, through training, policy directives, and supervisory oversight, drilled law enforcement officers with the need for strict adherence to the legal
requirements of the Miranda decision. In some instances, states have supplemented the requirements of Miranda through legislative action or state appellate court decisions. Now, officers and law enforcement administrators, as well as state legislators and appellate court judges, are seeing new trends in our legal understanding of the constitutional requirements of the Fifth Amendment rights barring self-incrimination, as a result of these new U.S.
Supreme Court decisions. Accordingly, police administrators must examine the new Miranda landscape and determine how to design their agencies’ policies and training to provide officers with the knowledge and tools to
effectively navigate and comply with the subtleties of the more nuanced requirements identified in recent Court decisions. This Article addresses both the recent legal interpretations established by the U.S. Supreme Court and the importance in determining the policy issues law enforcement executives must consider when developing operational directives and officer training in an effort to comply with current case law.
THE MIRANDA SAFEGUARDS
In the landmark case of Miranda v. Arizona, the U.S. Supreme Court established safeguards to protect an accused person’s right to remain silent during custodial interrogation. The Court reviewed four cases in which
defendants questioned during police custody made oral admissions and/or signed statements without being given effective warnings about their constitutional rights. The admissions and statements were subsequently used at trial to convict the defendants. In a split decision, the Court determined that statements obtained during custodial interrogation are inadmissible at trial unless those statements are obtained pursuant to procedural safeguards that protect the Fifth Amendment right against self-incrimination. Although Miranda is essentially a Fifth Amendment
case, the Court, in creating the Miranda safeguards, also appears to incorporate a safeguard against the violation of the Sixth Amendment right to counsel. As stated in the majority opinion delivered by Chief Justice Warren, “the right to have counsel present at the interrogation is indispensable to the protection of the Fifth Amendment privilege.
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