NCJ Number
103922
Date Published
1986
Length
13 pages
Annotation
In 1968, Congress sought by statute to correct what it believed to be an erroneous U.S. Supreme Court interpretation of the fifth amendment, as enunciated in Miranda v. Arizona.
Abstract
Under a provision of the Crime Control Act, Congress provided that voluntary confessions of an accused are admissible in Federal trials not withstanding a failure to administer Miranda warning. Despite this, there has been no attempt at implementation by the executive branch. Yet, the Miranda strictures on police interrogation deprive the government and factfinder in criminal prosecution of reliable evidence elicited from the accused without coercion or compulsion. In addition, several post-Miranda Supreme Court decisions suggest a substantial probability of obtaining an overruling of constitutional challenges. The Federal Bureau of Investigation should seek to effectuate Section 3501 by videotaping custodial interrogations without administering Miranda warnings. The suspect should be informed that questioning will cease if he affirmatively declares that he feels coerced or compelled to answer. If incriminating evidence is obtained, Federal prosecutors should seek its admissibility in a subsequent trial under the voluntariness standard in Section 3501. 56 notes and references.