Suspects’ Custodial Rights: From Fostering the Right Against Self-Incrimination, To Miranda’s Ritual by Script.

Date
2014-04-15
Authors
Lindvall, Alexander
Major Professor
Advisor
Committee Member
Journal Title
Journal ISSN
Volume Title
Publisher
Altmetrics
Authors
Research Projects
Organizational Units
Political Science
Organizational Unit
Journal Issue
Series
Department
Political Science
Abstract

The current landscape of the Court’s interpretation of the Fifth Amendment is a bleak one. The Court has consistently and repeatedly diminished the rights of suspects when interacting with police in a custodial setting. In order to counteract this diminishment, the Court must redirect its focus toward the precedent set in Miranda v. Arizona and appropriately interpret cases using the test set forth in Rhode Island v. Innis. Recently, however, the Court has strayed away—further than ever—from the Miranda precedent. This paper intends to argue in dissent of the contemporary understanding and interpretation of custodial interrogation.

Comments
Description
Keywords
Citation
DOI
Source