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Going Free on a Technicality: Another Look at the Effect of the Miranda Decision on the Criminal Justice Process

NCJ Number
113348
Journal
Criminal Justice Research Bulletin Volume: 4 Issue: 1 Dated: (1988) Pages: 1-3
Author(s)
K L Guy; R G Huckabee
Date Published
1988
Length
3 pages
Annotation
This study examines the role of the Miranda decision in enabling defendants to win their freedom on appeal in Indiana by invoking a legal technicality.
Abstract
Indiana appellate court decisions from November 6, 1980, to August 1, 1986, (a total of 2,354) were reviewed to determine which Miranda-related appeals were successful and the frequency of success. Of the total, 9 percent alleged improper police interrogation, and in 201 of these appeals, the conviction was affirmed. The study finds that successful appeals based on Miranda issues occurred in only .51 percent of the cases. The low rate of successful appeals may be explained in several ways: (1) As a matter of routine, police comply with Miranda provisions, thus insuring that interrogations are conducted in compliance with prescribed procedures; (2) Police are able to solve most cases without relying on suspect questioning; (3) Police are able to use more sophisticated methods of interrogation, thus enabling them to work around Miranda requirements; (4) Problem cases in which interrogation methods might become issues on appeal are screened out prior to trial and resolved through other means. 9 references.

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