NCJ Number
127824
Date Published
1990
Length
85 pages
Annotation
After an introductory overview of legal tenets in the application of the U.S. Supreme Court's "Miranda" ruling to the police interrogation of suspects, this chapter reviews 33 significant relevant U.S. Supreme Court and State court cases.
Abstract
In Miranda v. Arizona (1966), the U.S. Supreme Court held that the fifth amendment right against self-incrimination has implications for police management of detained suspects. The Court ruled that prior to the initiation of any questioning, the police must warn persons to be questioned that any statements they make can and will be used against them in a court of law and that they have the right to the presence of an attorney who will be appointed for them if they cannot afford one of their own choosing. If at any stage of the questioning process, a suspect indicates the desire to consult an attorney before speaking any further, the questioning must stop; however, not all suspect statements, admissions, or confessions must be preceded by a Miranda statement to the suspect. Statements freely given without any compulsion or coercion are admissible as evidence even though the police may not have advised the person of his/her rights pertaining to self-incrimination. Some issues addressed in the court cases reviewed are the nature of interrogation and custody, when Miranda rights should be stated to a suspect, waiver of Miranda rights, and the public safety exception.