Mourning Miranda

01 Dec 2008 02:52pm Charles D. Weisselberg 

The article presents new field research about police interrogation tactics and training and discusses that research in light of recent social science literature and judicial decisions. Professor Weisselberg argues that the safeguards of Miranda v. Arizona have become ineffective—not because police are deliberately disobeying Miranda, but because officers have learned how to take advantage of rulings that have critically weakened Miranda’s protections. He goes on to argue that Miranda is now detrimental to our criminal justice system. Skeptical that the courts can retool Miranda’s procedures, he suggests other possibilities, including legislation.

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