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Defending Miranda: A Reply To Professor Caplan, Welsh S. White

Vanderbilt Law Review

Professor Caplan yearns for the good old days "when the police enjoyed greater public confidence" and, in accordance with the tactics recommended in the police manuals, it was acceptable "for an investigator to talk sharply to the suspect or glare at him or sit too closely or withhold cigarettes, or, from the opposite vantage, to pretend to be a sympathetic friend or a concerned coreligionist."'Thus, Professor Caplan attacks the Miranda decision on the ground that "by introducing novel conceptions of the proper relationship between the suspect and authority," Miranda operates to subvert the principal function of the criminal process, the …