NCJ Number
108748
Date Published
1987
Length
21 pages
Annotation
This essay casts doubt upon the legitimacy of Miranda rights by rebutting misconceived policy objections to police interrogation and its necessary attributes.
Abstract
The author contends that fifth amendment justifications typically offered to restrict police interrogation cannot carry the burden put on them. He examines arguments espousing equality in the police station, concluding that this view thwarts rather than serves the goal of truth. Also explored is the justification that ours is an accusatorial rather than an inquisitorial system of justice. The discussion concludes that the fifth amendment on its face does not dictate answers about the propriety of police interrogation. Moreover, the notion of human dignity does impose limitation on interrogation tactics, although precise limitations may be contestable. The author believes that unless we are prepared to challenge a broad range of governmental behavior that has long been accepted, we must acknowledge that police interrogations of suspects violate neither constitutional or moral principles. 85 footnotes.