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Books > Law > Laws of other jurisdictions & general law > Criminal law
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The Miranda Ruling - Its Past, Present, and Future (Hardcover)
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The Miranda Ruling - Its Past, Present, and Future (Hardcover)
Series: American Psychology-Law Society Series
Expected to ship within 12 - 17 working days
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Where did Miranda go wrong? The purpose of this book is to identify
and describe four problems with the implementation of the Miranda
decision and to suggest remedies in order to have it achieve its
original purpose. The four problems identified in the book are:
1. The justices, in placing restrictions of the questioning of
suspects, limited these rights only to those suspects who were "in
custody." The term "in custody" is vague-legally vague as well as
vague to the layperson. It permits the police to question suspects
without giving them their Miranda rights in those settings where it
is unclear whether custody is present.
2. The Miranda warnings may not be fully understood by many
suspects. There is no country-wide standardization of what is said;
there are literally thousands of different versions of "the"
Miranda warnings in use by different police departments in the
United States.
3. Police training manuals, while recognizing the right to a
"Miranda warning," have developed many ways to circumvent giving
the warnings or ignoring a response in which a suspect does decide
to remain silent or ask for an attorney.
4. In the 40 years since the Miranda law was established, the
Supreme Court and lower courts have made decisions eroding their
application.
Can the original goal of the authors of the Miranda law be
salvaged? This book examines the state of interrogations and the
state of the law before the Miranda decision was made, the purposes
and nature of the decision, and proposes recommendations for
reinstituting the original goals.
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