CIVIL LIBERTIES UNION, WHAT TO Do IF YOU'RE STOPPED BY POLICE, IMMIGRATION AGENTS OR THE FBI, available at https://www.aclu.org/files/assets/actu_kyr.pdf (failing to mention any exceptions to the Miranda rule
in its instructions on how to exercise one's Miranda rights), archived at https://perma.cc/ZHQ9-3JED; "Miranda " Rights and the Fifth Amendment, FindLaw, http://criminal.findlaw.com/criminal-rights/miranda-rights-and-the-fifth-amendrnent.html (last visited Mar.
630, 639 (2004) (plurality opinion) ("[T]he Miranda rule
creates a presumption of coercion, in the absence of specific warnings, that is generally irrebuttable for purposes of the prosecutor's case in chief."), with Missouri v.
in a series of post-Miranda decisions to the fact that no
If, as we believe, the vast majority of juveniles are incapable of making a truly knowing and voluntary waiver, then the Miranda rule
cannot function in juvenile cases in the way that it was intended.
Essentially, [section] 3501 was Congress's end run around the Miranda rule
. And "[f]or various reasons, the question of whether Congress could in essence 'overrule' Miranda's warning requirements did not reach the Supreme Court for thirty-two years." (53)
Since 1984, the Supreme Court has recognized an exception to the Miranda rule
when required by ''overriding considerations of public safety.'' That would apply when an arrested terrorist might know of impending attacks.
Confessions or statements may be suppressed because of Miranda rule
The Miranda rule
has become an important and accepted element of the criminal justice system.
It follows that police do not violate a suspect's constitutional rights (or the Miranda rule
) by the negligent or even deliberate failures to provide the suspect with the full panoply of warnings prescribed by Miranda.
attorney behavior, the Miranda rule
creates the incentive for police to
(188) This holding was based in part upon the fact that the Court previously had applied the Miranda rule
to proceedings in state courts.
The patient filed a motion to suppress the introduction into evidence of all statements made to hospital personnel and law enforcement authorities on the grounds that the statements were made in violation of the Miranda Rule
The haste is presumably due to the fact that, as of last spring, when the book went to press, the Supreme Court was considering whether Congress had actually done away with the Miranda rule
in a previously unnoticed provision of the 1968 Omnibus Crime Control Act.
It was also that the Court's Republican majority, in place since 1972, had so watered down the case's requirements as to reduce "the impact of the Miranda rule
on legitimate law enforcement while reaffirming the decision's core ruling...."(18) In short, Miranda's weakness had become its strength.
U.S., decided in the last term, the Court upheld the Miranda rule
requiring that all criminal suspects be informed of their rights.