Online ISBN:
9780199776986
Print ISBN:
9780199730902
Publisher:
Oxford University Press
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Lawrence S. Wrightsman,
Mary L. Pitman
Published:
21 April 2010
Online ISBN:
9780199776986
Print ISBN:
9780199730902
Publisher:
Oxford University Press
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Wrightsman, Lawrence S., and Mary L. Pitman, The Miranda Ruling: Its Past, Present, and Future, American Psychology-Law Society Series (
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Abstract
In 1966 the Supreme Court ruled that law-enforcement officers were required to inform criminal defendants about their rights to remain silent or have an attorney present during their interrogation. In the 40 years since the inception of the “Miranda rule,” its anticipated effect has not been realized. The purposes of this book are to examine the reasons why the goal of the authors of the Miranda ruling has not been met and to identify procedures that move the criminal justice system closer to this goal. Separate chapters deal with four causes: the limitations and compromises in the original decision, the problems in comprehension of the Miranda warnings by various vulnerable populations (adolescents, non-English speakers, the deaf, and the mentally-challenged), the decisions subsequent to the 1966 decision that have eroded its breadth and application, and the efforts by police to avoid the curtailments from the ruling. The final chapter examines possible remedies such as requiring the presence of an attorney when the rights are given and videotaping the entire interrogation.
Keywords: confessions, defendants’ rights, fifth amendment rights, Miranda rights, Miranda v. Arizona, Miranda warnings, police interrogation, right to remain silent, sixth amendment rights, supreme court
Subject
Criminal and Forensic Psychology Forensic and Law Psychology
Collection: Oxford Scholarship Online
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