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Full-Text Articles in Law
Reformulating The Miranda Warnings In Light Of Contemporary Law And Understandings, Mark A. Godsey
Reformulating The Miranda Warnings In Light Of Contemporary Law And Understandings, Mark A. Godsey
Faculty Articles and Other Publications
Since Miranda v. Arizona was decided in 1966, much scholarly attention has been devoted to both the theoretical underpinnings and the real world impact of that decision. Little attention, however, has been paid to the substance or content of the warnings. The Supreme Court has often stated that the Miranda warnings requirement is a prophylactic rule that can change and evolve. However, in spite of 40 years of legal developments and practical experience, the content of these famous four warnings has never been modified or even been subjected to systematic scrutiny.
This Article proposes that the substance of the Miranda …
Rethinking The Involuntary Confession Rule: Toward A Workable Test For Identifying Compelled Self-Incrimination, Mark A. Godsey
Rethinking The Involuntary Confession Rule: Toward A Workable Test For Identifying Compelled Self-Incrimination, Mark A. Godsey
Faculty Articles and Other Publications
For more than a century, the Supreme Court has interpreted the Bill of Rights as prohibiting the police from obtaining involuntary confessions from suspects through the use of coercion. If asked whether this involuntary confession rule is an understandable and workable doctrine, however, a noticeable percentage of judges, prosecutors, police officers, criminal defense attorneys and law professors would answer with an unequivocal no.
Basic questions concerning voluntariness and free will - whether it exists, and if so, when it exists, etc. - have puzzled philosophers for centuries and represent one of history's Gordian knots. Not surprisingly, judges have fared no …
When Terry Met Miranda: Two Constitutional Doctrines Collide, Mark A. Godsey
When Terry Met Miranda: Two Constitutional Doctrines Collide, Mark A. Godsey
Faculty Articles and Other Publications
No abstract provided.