NCJ Number
122220
Journal
Law and Order Volume: 37 Issue: 8 Dated: (August 1989) Pages: 86-90
Date Published
1989
Length
5 pages
Annotation
The Miranda decision expresses the essence of the American justice system, i.e., that suspects may not be brutalized nor tricked into confessions and police must solve cases through the development of evidence rather than the expediency of confessions.
Abstract
The philosophy underlying the Miranda, Escobedo, Wainwright, and related decisions is that the American justice system affords its citizens protections that distinguish it from systems based on terror and brutality. Compliance with Miranda rights means that police must do more than provide suspects a rote reading of their Miranda rights. It means that the police must ensure that suspects understand in various contexts that they have the right not to do or say anything in the presence of or at the urging of the police that may be used as evidence against them. Some police attempt a ritualistic minimal compliance with Miranda while using various subtle encouragements for the suspect to volunteer incriminating information. Modern policing requires that police not even attempt to gain evidence from self-incrimination. In fact, the police should do all that is necessary for suspects to understand that the justice system discourages self-incrimination.