NCJ Number
38875
Journal
Crime and Delinquency Volume: 23 Issue: 1 Dated: (JANUARY 1977) Pages: 75-80
Date Published
1977
Length
6 pages
Annotation
THIS ARTICLE DESCRIBES AND DEMONSTRATES A METHOD OF INTERROGATION USED BY SOME MEMBERS OF A LARGE URBAN POLICE FORCE ATTEMPTING TO SUBVERT MIRANDA SAFEGUARDS AND DISCUSSES THE SUCCESS OF THE MODIFIED PROCEDURE.
Abstract
THE TECHNIQUE EXAMINED IS CALLED 'PARTICIPATING MIRANDA'. IT CONSISTS OF THE DELIVERY OF MIRANDA WARNINGS TO A SUSPECT INTERSPERSED WITH A SILOLOQUY BY A FRIENDLY OFFICER OFFERING JUSTIFICATIONS FOR THE SUSPECT'S ALLEGED CRIMINAL BEHAVIOR AND EMPHASIZING DIFFICULTIES AND EXPENSES INCURRED IN RETAINING COUNSEL. SUSPECTS WHO ARE INTERROGATED IN THIS MANNER ARE PRE-SELECTED ON THE BASIS OF PRIOR CRIMINAL RECORD; EDUCATION; INTELLIGENCE; SOCIAL CLASS; AND, IN SOME CASES, RACE. THE DIVISION WHICH USES THIS TACTIC HAS BEEN SUCCESSFUL IN OBTAINING SIGNED WAIVERS OF RIGHTS AND CONFESSIONS FROM MANY SUSPECTS INTERROGATED IN THIS MANNER. THE AUTHORS CONCLUDE THAT USE OF THIS PSYCHOLOGICAL PLOY TO SUBVERT THE PROCEDURAL SAFEGUARDS ORDERED BY THE SUPREME COURT AND UNDERMINE A SUSPECT'S CONSTITUTIONAL RIGHTS IS NOT JUSTIFIED BY POLICE DISSATISFACTION WITH THE MIRANDA RULING AND THAT A VOLUNTARY, KNOWING, AND INTELLIGENT WAIVER OF RIGHTS CANNOT BE OBTAINED IN THIS MANNER....EB