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Separate But Equal: Miranda’S Rights To Silence And Counsel, Steven Grossman
Separate But Equal: Miranda’S Rights To Silence And Counsel, Steven Grossman
Steven Grossman
Three decades ago, the Supreme Court created a dubious distinction between the rights accorded to suspects in custody who invoke their right to silence and those asking for counsel. This distinction significantly disadvantages those who do not have the good sense or good fortune to specify they want an attorney when they invoke their right to remain silent. This article argues that this distinction was flawed at its genesis and that it has led to decisions which are inconsistent, make little sense and permit police behavior that substantially diminishes the right to silence as described in Miranda v. Arizona. It …
Separate But Equal: Miranda’S Rights To Silence And Counsel, Steven Grossman
Separate But Equal: Miranda’S Rights To Silence And Counsel, Steven Grossman
Steven Grossman
Three decades ago, the Supreme Court created a dubious distinction between the rights accorded to suspects in custody who invoke their right to silence and those asking for counsel. This distinction significantly disadvantages those who do not have the good sense or good fortune to specify they want an attorney when they invoke their right to remain silent. This article argues that this distinction was flawed at its genesis and that it has led to decisions which are inconsistent, make little sense and permit police behavior that substantially diminishes the right to silence as described in Miranda v. Arizona. It …