NCJ Number
172560
Journal
Law Enforcement Quarterly Volume: 26 Issue: 3 Dated: (Fall 1997) Pages: 31-33
Date Published
1997
Length
3 pages
Annotation
Prosecuting attorneys may be exposing themselves to civil lawsuits if they choose to ignore Miranda rules, but the legal basis for a civil lawsuit when a criminal suspect's Miranda rights are violated is not clear.
Abstract
Giving a suspect Miranda admonishments is not constitutionally mandated, and Miranda is nothing more than a "prophylactic rule" developed to protect suspects against abuses of their right against compulsory self-incrimination. Nonetheless, court cases have demonstrated civil rights violations involving Miranda but have shown that every Miranda violation is not necessarily a constitutional violation. Certainly, in situations where violating Miranda is part of a predetermined plan or intentional interrogation technique, the likelihood of a civil lawsuit is there. Also, misleading the suspect as to the legal effects of answering questions outside of Miranda may generate civil liability. Policy considerations in determining whether there has been an intentional violation of Miranda are discussed, including the public safety exception, the rescue doctrine, and the Miranda requirement of respect for the suspect's rights.