Rethinking Miranda: The Post-Arrest Right to Silence

16 Mar 2011 08:16pm Stephen Rushin 

Some scholars have recently observed that Miranda protections are under attack. At its core, Miranda requires law enforcement to inform a criminal suspect of her constitutional rights before custodial interrogation in order to protect her privilege against self-incrimination.But today, Miranda warnings inform individuals of only a small subset of their actual Fifth Amendment rights, partially due to ambiguity in the current doctrine. Perhaps no area of Fifth Amendment doctrine is more ambiguous than a suspect’s right to silence during post-arrest interrogation.

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