NCJ Number
187495
Journal
American Criminal Law Review Volume: 37 Issue: 3 Dated: Summer 2000 Pages: 1165-1193
Editor(s)
Stacey E. Ostfeld
Date Published
2000
Length
29 pages
Annotation
This article reports the narrative of a panel discussion on the survival of the Miranda decision, the right to remain silent, and the admission of voluntary confessions as evidence.
Abstract
The Miranda decision is examined in the context of Dickerson v. United States, a case in which there was a dispute as to whether a Federal Bureau of Investigation agent gave Dickerson Miranda warnings before Dickerson made statements implicating himself in a robbery. The Fourth U.S. Circuit Court of Appeals ruled against Dickerson who appealed to the U.S. Supreme Court. Panel participants note the Miranda decision has been the guiding principle by which confessions are admitted into evidence and that parts of Miranda are dictated by the Constitution and other parts are not. They also consider the Miranda decision in terms of the right against self-incrimination and the right to the presence of an attorney, and they debate the survivability of the Miranda decision based on Dickerson v. United States and other cases. In addition, panel participants question U.S. Supreme Court authority to apply Miranda in appeals from State courts and in Federal habeas cases from State courts if Miranda is not constitutionally based. Finally, panel participants briefly consider alternatives to Miranda. 52 footnotes