Bashing Miranda is unjustified - and harmful
Article Abstract:
The Miranda rule has not been harmful to law enforcement, as its critics have alleged. Furthermore, the Miranda rule is required under the Fifth Amendment to the Constitution, and therefore it cannot be ignored because of its purported effect on law enforcement. The real problem is that the ratio of police officers to violent crimes has fallen drastically since the 1950s, from 121 police officers per 100 violent crimes in 1955 to 28 police officers per 100 crimes today. Miranda is a convenient target, but increased police resources are needed to improve law enforcement.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1997
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Miranda's "negligible" effect on law enforcement: some skeptical observations
Article Abstract:
The conventional notion that the Miranda rules have had little or no effect on law enforcement is not supported by the evidence. Studies using several different research methodologies, including before-and-after studies of confession rates, analysis of clearance rate trends, police reports, recent success rates for police questioning and cross-national comparisons, all suggest the harmful effects of Miranda. Therefore, the social costs of the Miranda requirements should be acknowledged, and alternative means of regulating police questioning should be considered.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1997
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Miranda stories
Article Abstract:
Both the liberal and conservative positions on Miranda rights are exaggerated. Actually, Miranda promotes a false idea that criminal suspects are protected, although coercive interrogation practices have not been eliminated. Conservatives who emphasize the costs of the Miranda decision cannot explain why police have not been urging that it be overturned. Liberals who exaggerate the protection provided by Miranda overlook the coercion that causes many suspects to waive their Miranda rights.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
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