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Miranda In Taiwan: Why It Failed And Why We Should Care, Shih-Chun Steven Chien
Miranda In Taiwan: Why It Failed And Why We Should Care, Shih-Chun Steven Chien
Law Faculty Articles and Essays
In 1997, the Taiwanese legislature amended the Code of Criminal Procedure to incorporate the core of the American Miranda rule into the legal system. The Miranda rule requires police officers and prosecutors to notify criminal suspects subject to custodial interrogation of their right to remain silent and their right to retain legal counsel. In subsequent amendments, the legislature enacted a series of laws to further reform interrogation practices in the same vein.
What happened next is a study in unintended consequences and the interdependence of law and culture. Using ethnographic methods and data sources collected over the past four years …