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Willfully Forgetting Miranda's True Nature: Vega V. Tekoh Severs The Warnings Requirement From The Constitution, George M. Dery Iii
Willfully Forgetting Miranda's True Nature: Vega V. Tekoh Severs The Warnings Requirement From The Constitution, George M. Dery Iii
Marquette Law Review
This Article analyzes Vega v. Tekoh, in which the Supreme Court ruled that
a violation of Miranda was not a violation of the Fifth Amendment privilege
against self-incrimination. This Article examines the original language of the
Miranda opinion, the statements and intentions of the members of the Miranda
Court, and subsequent precedent to determine Miranda’s true nature. Further,
this Article examines the reasoning of Vega and the dangers created by its
pronouncements, especially in light of the Court’s earlier characterization of
Miranda as a constitutional rule in Dickerson v. United States. This Article
asserts that the Justices who …