Google Answers Logo
View Question
 
Q: miranda decision ( Answered,   0 Comments )
Question  
Subject: miranda decision
Category: Miscellaneous
Asked by: hanouf-ga
List Price: $5.00
Posted: 16 Feb 2003 18:23 PST
Expires: 18 Mar 2003 18:23 PST
Question ID: 162277
Explainthe holding of miranda & its significance in criminal procedure in the USA

Request for Question Clarification by tutuzdad-ga on 16 Feb 2003 18:52 PST
Please define "holding" as it pertains to your question? Can you
rephrase this perhaps?

Regards;
tutuzdad-ga
Answer  
Subject: Re: miranda decision
Answered By: serenata-ga on 16 Feb 2003 19:21 PST
 
In  Miranda v. Arizona, 384 U.S. 436 (1966), the Supreme Court
established general principles for determining whether confessions
given during custodial interrogations were admissible under the
Self-Incrimination Clause of the Fifth Amendment.
See: Miranda v. Arizona -
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=384&invol=436

The Court held that statements stemming from custodial interrogation
of a suspect would not be admissible in criminal proceedings unless
the police first provided four "warnings" to the suspect. That
decision led to the familiar " you have the right ..." warning that
are required to be read by law enforcement officers prior to
interrogating a suspect.

There was a widespread belief that this ruling would, in effect, tie
the hands of law enforcement officers; and in 1968 Congress enacted
the "Admissibility of Confessions" law,  18 U.S.C. §3501, which
provides, "a confession . . . shall be admissible in evidence if it is
voluntarily given". This had the effect of making “voluntariness” the
sole criteria for determining the admission of a confession.

Miranda has thus far been unsuccessfully challenged, as being
overridden by 18 U.S.C. §3501 ~ however, to date, absent the reading
of Miranda, confessions have been challenged and ruled inadmissible.

There are numerous learned discussions on Miranda:

"Punch & Jursts Weekly Newsletter"
http://www.punchjurists.com/visitors/punchltd/1999/10-18-99.html

"Handcuffing the Cops: Miranda's Harmful Effects on Law Enforcement",
National CENTER FOR POLICY ANALYSIS, August, 1998,
http://www.ncpa.org/studies/s218/s218a.html

"Supreme Court Declines To Overrule Miranda v. Arizona", Labor
Relations Information System, September, 2002
http://www.mule57.org/news/News_Archives/MULE%20-%20Miranda.htm

And FindLaw ... http://www.findlaw.com ... has an interesting
selection of significant cases citing Miranda at:
http://caselaw.lp.findlaw.com/scripts/casesearch.pl?court=us&CiRestriction=384+u.s.+436&


Search terms used:

  -- Miranda
  -- Miranda v. Arizona
  -- significance  Miranda
  -- challenges Miranda

Hope this helps,
Serenata
Comments  
There are no comments at this time.

Important Disclaimer: Answers and comments provided on Google Answers are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Google does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. Please read carefully the Google Answers Terms of Service.

If you feel that you have found inappropriate content, please let us know by emailing us at answers-support@google.com with the question ID listed above. Thank you.
Search Google Answers for
Google Answers  


Google Home - Answers FAQ - Terms of Service - Privacy Policy