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Criminal Procedure

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2010

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The Death Of Miranda V. Arizona, Patrick J. Noonan Jan 2010

The Death Of Miranda V. Arizona, Patrick J. Noonan

Patrick J. Noonan

On June 1, 2010, the United States Supreme Court made a watershed decision, turning its decision in Miranda v. Arizona “upside down.” In the case of Berghuis v. Thompkins, the court ruled 5 to 4 that a Michigan defendant who incriminated himself in a fatal shooting after nearly three hours of questioning gave up his right to silence, and the statement could be used against him.

This paper discusses the history and lead-up to the Supreme Court's decision in Miranda v. Arizona, the aftermath and reaction to the Supreme Court's decision in Miranda v. Arizona, the Supreme Court's resistance, conflicting …