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Full-Text Articles in Law

The Miranda Custody Requirement And Juveniles, Paul Marcus Oct 2017

The Miranda Custody Requirement And Juveniles, Paul Marcus

Faculty Publications

Concerns about the interrogation process and the ability of minors to navigate the criminal justice system often intersect. The impact of the age of juveniles can be seen in a variety of judicial decisions, most markedly those dealing with punishment. But judicial concern for juveniles goes well beyond sentencing. The interrogation process raises especially grave fears.

Since the Supreme Court issued its landmark ruling in Miranda v. Arizona disallowing compelled inculpatory statements by criminal suspects and defendants, there has been concern as to whether juveniles fully understand and appreciate their rights as articulated in Miranda and based in the Fifth …


Reading, Writing, And Interrogating: Providing Miranda Warnings To Students In Schoolhouse Interrogations, Stephanie Gaylord Forbes Jan 2011

Reading, Writing, And Interrogating: Providing Miranda Warnings To Students In Schoolhouse Interrogations, Stephanie Gaylord Forbes

Student Award Winning Papers

No abstract provided.


It's Not Just About Miranda: Determining The Voluntariness Of Confessions In Criminal Prosecutions, Paul Marcus Jul 2006

It's Not Just About Miranda: Determining The Voluntariness Of Confessions In Criminal Prosecutions, Paul Marcus

Faculty Publications

No abstract provided.


Asking The Right Questions: How The Courts Honored The Separation Of Powers By Reconsidering Miranda, Neal Devins Jan 2000

Asking The Right Questions: How The Courts Honored The Separation Of Powers By Reconsidering Miranda, Neal Devins

Faculty Publications

No abstract provided.


Virtues (And Limits) Of Shared Values: The Fourth Amendment And Miranda's Concept Of Custody, Richard A. Williamson Apr 1993

Virtues (And Limits) Of Shared Values: The Fourth Amendment And Miranda's Concept Of Custody, Richard A. Williamson

Faculty Publications

Miranda only protects suspects who the police subject to custodial interrogation. The concept of custody is tethered to the Fifth Amendment privilege against self-incrimination; thus, to render a suspect in custody, law enforcement officials must subject the suspect to a compelling environment that tends to undermine that privilege. In this article, Professor Richard A. Williamson examines the application of Miranda to Terry stops. He reviews the impact of the Beheler and Berkemer decisions, which held that suspects who officials stop based on reasonable suspicion, as opposed to suspects who officials arrest, are not entitled to Miranda warnings. Professor Williamson generally …


Defending Miranda, Paul Marcus Jan 1989

Defending Miranda, Paul Marcus

Faculty Publications

No abstract provided.


Miranda Decision Revisited: Did It Give Criminals Too Many Rights?, Paul Marcus, Stephen J. Markman Oct 1988

Miranda Decision Revisited: Did It Give Criminals Too Many Rights?, Paul Marcus, Stephen J. Markman

Faculty Publications

No abstract provided.


Criminal Procedure And The Conflict Of Laws, John Bernard Corr Jan 1985

Criminal Procedure And The Conflict Of Laws, John Bernard Corr

Faculty Publications

No abstract provided.


Miranda V. Arizona: The Law Today, Fredric I. Lederer Oct 1977

Miranda V. Arizona: The Law Today, Fredric I. Lederer

Faculty Publications

No abstract provided.