Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Fifty Years Later And Miranda Still Leaves Us With Questions, Nicole Langston, Bernice B. Donald
Fifty Years Later And Miranda Still Leaves Us With Questions, Nicole Langston, Bernice B. Donald
Vanderbilt Law School Faculty Publications
This affords the suspect safeguards to make an informed choice between speech and silence and prevents involuntary statements. Although Miranda warnings are seemingly standard, the Miranda decision did not come without criticism.' Now, on the fiftieth anniversary of the Supreme Court's decision, the topic still garners intense debate.' Even after all of these years, there are still critics who do not support Miranda warnings, and now they rely on long-term studies about the effectiveness of Miranda warnings to support their positions. Yet, even with these new studies, there still remains some ambiguity about the effectiveness of Miranda rights concerning whether …
Manipulation Of Suspects And Unrecorded Questioning, Christopher Slobogin
Manipulation Of Suspects And Unrecorded Questioning, Christopher Slobogin
Vanderbilt Law School Faculty Publications
Fifty years after Miranda, courts still do not have clear guidance on the types oftechniques police may use during interrogation. While first-generation tactics (a.k.a. the third degree) are banned, second-generation tactics such as those found in the famous Reid Manual continue to be used by interrogators. The Supreme Court has sent only vague signals as to which of these second- generation techniques, if any, are impermissible, and has made no mention of newly developed third-generation tactics that are much less reliant on manipulation. This Article divides second-generation techniques into four categories: impersonation, rationalization, fabrication, and negotiation. After concluding, based on …