POTENTIALITY OF INCARCERATION - A PROPOSED STANDARD FOR THE APPLICABILITY OF MIRANDA TO NONFELONY OFFENSES

• NCJ Number: 41663
• Journal: Indiana Law Journal Volume: 52 Issue: 2 Dated: (WINTER 1977) Pages: 449-468
• Author(s): M J ROBERTS
• Date Published: 1977
• Length: 20 pages
• Corporate Author: Indiana University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS NOTE EXAMINES THE CONFLICTING ARGUMENTS OF WHETHER THE MIRANDA RULES SHOULD BE REQUIRED IN NONFELONY OFFENSES SUCH AS MISDEMEANORS, MOTOR VEHICLE VIOLATIONS, AND OTHER PETTY OFFENSES.

Abstract

THE AUTHOR FEELS IT IS IMPERATIVE THAT THE PROBLEM OF THE APPLICABILITY OF MIRANDA TO NONFELONIES BE RESOLVED. THE UTILIZATION OF A 'POTENTIALITY OF INCARCERATION' STANDARD WOULD REQUIRE MIRANDA WARNINGS ONLY IN THOSE CASES WHERE THE DEFENDANT FACES THE POSSIBLILTY OF IMPRISONMENT. SUCH A RULE, WHILE NOT JEOPARDIZING THE ACHIEVEMENT OF EFFICIENT AND EFFECTIVE LAW ENFORCEMENT, MEETS THE CONSTITUTIONAL REQUIREMENTS OF THE FIFTH AND SIXTH AMENDMENTS.(AUTHOR ABSTRACT MODIFIED)...TWH