The Miranda Debate: Law, Justice, and Policing

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This cogent, well-balanced anthology contains a diverse range of key writings on the complex issues raised by the United States Supreme Court's controversial 1966 ruling in Miranda v. Arizona. One of the most significant and influential judicial decisions on criminal procedure, Miranda remains at the forefront of today's debate about crime control and defendants' constitutional rights.

The book contains four sections, each with an introduction by the volume editors that places ...

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Overview

This cogent, well-balanced anthology contains a diverse range of key writings on the complex issues raised by the United States Supreme Court's controversial 1966 ruling in Miranda v. Arizona. One of the most significant and influential judicial decisions on criminal procedure, Miranda remains at the forefront of today's debate about crime control and defendants' constitutional rights.

The book contains four sections, each with an introduction by the volume editors that places the essays within a broader social context. The first section reviews the pre-Miranda law of confessions, Ernest Miranda's crime and his victim, the Miranda decision, and the ways in which the courts and police adjusted to the ruling. The second section explores the ethical, legal, and public policy dimensions of Miranda. Section three examines how Miranda works (or doesn't work) in the real-world setting of police interrogation and considers radically different interpretations of the empirical evidence. The book concludes with insightful discussions on the challenges and dilemmas that are likely to shape the future of Miranda.

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Product Details

Table of Contents

Editors' Note
Introduction
I Overview of the Miranda Debate 1
1 Miranda: The Crime, the Man, and the Law of Confessions 7
2 Equal Justice in the Gatehouses and Mansions of American Criminal Procedure: From Powell to Gideon, from Escobedo to ... 25
3 Miranda v. Arizona 35
4 Homicide: A Year on the Killing Streets 49
5 From Coercion to Deception: The Changing Nature of Police Interrogation in America 65
6 "You Have the Right to Remain Silent": Miranda after Twenty Years 75
II The Ethical and Policy Debate Regarding Miranda 87
7 Report to the Attorney General on the Law of Pretrial Interrogation 95
8 Reconsidering Miranda 106
9 Questioning Miranda 119
10 The Supreme Court, the Attorney General, and the Good Old Days of Police Interrogation 132
11 A Modest Proposal for the Abolition of Custodial Confessions 142
12 A Peculiar Privilege In Historical Perspective: The Right to Remain Silent 153
III Miranda's Impact in the Station House: Participant Observations and Empirical Studies 169
13 Miranda's Social Costs: An Empirical Reassessment 175
14 Miranda's Practical Effect: Substantial Benefits and Vanishingly Small Social Costs 191
15 The Impact of Miranda Revisited 208
16 Police Interrogation in the 1990s: An Empirical Study of the Effects of Miranda 222
17 Plain Talk about the Miranda Empirical Debate: A "Steady-State" Theory of Confessions 236
IV The Future of Miranda: Dilemmas and Prospects for Change 249
18 The Changed and Changing World of Constitutional Criminal Procedure: The Contribution of the Department of Justice's Office of Legal Policy 257
19 Remembering the "Old World" of Criminal Procedure: A Reply to Professor Grano 264
20 Miranda and the Problem of False Confessions 271
21 In a Different Register: The Pragmatics of Powerlessness in Police Interrogation 283
22 A Statutory Replacement for the Miranda Doctrine 297
23 Videotaping Interrogations and Confessions 303
24 The Twenty-first Century: A World without Miranda? 314
The Contributors 329
Index 331
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