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Point/Counterpoint On The Miranda Decision: Should It Be Replaced Or Retained?, Paul Cassell, Amos N. Guiora

Utah Law Faculty Scholarship

In this point/counterpoint exchange, Professors Paul Cassell and Amos Guiora debate the U.S. Supreme Court’s decision in Miranda v. Arizona. Cassell challenges the decision, arguing that it has had harmful effects on American law enforcement efforts. Cassell cites evidence that the decision led to reduction in crime clearance rates and urges that the restrictions in the decision be replaced by a requirement that the police videotape interrogations. Cassell urges prosecutors to consider arguing that modern tools like videotaping creates a legal regime that allows the technical Miranda rules to be regarded as superseded relics of an outmoded and harmful prophylactic …