CRIMINAL LAW - CONFESSIONS - GOVERNMENT CAN SATISFY ITS BURDEN OF PROVING WAIVER OF MIRANDA RIGHTS BY SHOWING WARNINGS GIVEN, SIGNED WAIVER, AND PROOF OF DEFENDANT'S CAPACITY TO UNDERSTAND THE WARNINGS

• NCJ Number: 11918
• Journal: Vanderbilt Law Review Volume: 26 Issue: 5 Dated: (OCTOBER 1973) Pages: 1069-1078
• Author(s): ANON
• Date Published: 1973
• Length: 10 pages
• Corporate Author: Vanderbilt University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

PROBLEMS ASSOCIATED WITH APPLYING MIRANDA WARNING IN KEEPING WITH APPARENT INTENT OF THE SUPREME COURT, AS HIGHLIGHTED BY RECENT FEDERAL COURT CASES.

Abstract

THE INTENT OF THE MIRANDA COURT, AS PRESENTED BY THE AUTHOR, WAS NOT TO PROHIBIT CONFESSIONS, BUT TO GUARANTEE THEIR VOLUNTARY NATURE. THE 1966 DECISION PERMITS A DEFENDANT, AFTER BEING WARNED OF HIS RIGHTS DURING INTERROGATION, TO WAIVE HIS RIGHTS AND MAKE A STATEMENT OF CONFESSION. THE BURDEN OF PROVING THAT THE WAIVER WAS MADE 'VOLUNTARILY, KNOWINGLY AND INTELLIGENTLY' RESTS ON THE GOVERNMENT AND HAS BEEN REVIEWED IN RECENT COURT CASES. TWO RECENT CASES ARE PRESENTED AS FOLLOWING THE INTENT OF THE MIRANDA COURT. A THIRD CASE, HOWEVER, WITH ITS RELIANCE UPON A PSYCHIATRIST AS AN EXPERT WITNESS REGARDING THE DEFENDANT'S ABILITY TO UNDERSTAND THE WARNING, PINPOINTS THE WEAKNESSES INHERENT IN THE MIRANDA DECISION. ALTERNATIVE WAYS OF PROTECTING DEFENDANTS' RIGHTS ARE CONSIDERED.