The Miranda Debate: Law, Justice, and Policing

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Richard A. Leo, George Conner Thomas
UPNE, 1998 - Law - 339 pages
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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 defendants' constitutional rights and crime control.

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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Contents

Equal Justice in the Gatehouses and Mansions
15
Miranda v Arizona
35
A Year on the Killing Streets
49
The Changing Nature
65
Miranda after Twenty Years
75
II
87
Report to the Attorney General
95
Reconsidering Miranda
106
An Empirical Reassessment
175
Substantial Benefits
191
The Impact of Miranda Revisited
208
IV
249
The Changed and Changing World of Constitutional
257
Miranda and the Problem of False Confessions
271
The Pragmatics
283
A Statutory Replacement for the Miranda Doctrine
297

Questioning Miranda
119
The Supreme Court the Attorney General
132
A Modest Proposal
142
III
169
Videotaping Interrogations and Confessions
303
A World without Miranda?
314
The Contributors
329
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