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Miranda Decision Isn't All It's Been Cracked Up To Be - Legal Authority Points to 'Mischief' Law Causes

NCJ Number
92205
Journal
Campus Law Enforcement Journal Volume: 13 Issue: 6 Dated: (November-December 1983) Pages: 16-21
Author(s)
F E Inbau
Date Published
1983
Length
6 pages
Annotation
The U.S. Supreme Court should overrule 'Miranda,' or uphold the validity of the test of confession admissibility enacted by Congress as part of the 1968 Omnibus Crime Bill.
Abstract
Following a critique of the 'mischief' perpetrated by the U.S. Supreme Court decision in Miranda v. Arizona (1966), the article suggests approaches to create more balance between the rights of suspects and those of victims. Congress submitted guidelines for determining whether a confession meets the test of voluntariness. The trial judge, in determining this test, shall consider all the circumstances surrounding the giving of the confession, including the time elapsing between arrest and arraignment of the defendant making the confession, if it was made after arrest and before arraignment; whether such defendant knew the nature of the offense with which he was charged; and whether such defendant knew or was advised that he was not required to make a statement and that such a statement could be used against him. Other factors are also delineated. The State of Arizona enacted an identical provision in 1969. A test case should be sought, therefore, either within the Federal system or within the State of Arizona, and brought before the U.S. Supreme Court as soon as possible. A total of 35 case notes are supplied.

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