NCJ Number
104975
Date Published
1986
Length
129 pages
Annotation
This report reviews the law of pretrial interrogation from its medieval origins to the U.S. Supreme Court's Miranda decision, analyzes the Miranda decision, describes the practical effects of its standards and subsequent legal developments, and examines the relevant legal rules and practices of several foreign jurisdictions.
Abstract
In Miranda, the Supreme Court promulgated a new, code-like set of rules for custodial questioning, including a requirement of warnings, a right to have counsel present during questioning, and a right to prevent any questioning by suspects indicating an unwillingness to talk or by requesting counsel. These nonconstitutional standards impede the search for truth by conditioning inquiry, no matter how brief and restrained, on a suspect's consent to be questioned and by excluding a suspect's statements at trial if obtained in violation of Miranda procedures, even though the statements may have been fully voluntary and reliable. In addition to impeding the truth-finding process, the Miranda rules are ineffective in promoting the fair treatment of suspects, precluding the development of superior alternative procedures. The Justice Department should pursue the securing of a Supreme Court decision that will overrule or abrogate the Miranda decision, and the department should develop and implement an administrative policy for conducting custodial questioning by the department's agencies. 188 footnotes and appended documentations of justice miscarriages resulting from Miranda and related decisions.