The Future of the Miranda Ruling
The final chapter examines the positions of several prominent advocates of defendants’ rights who have come to believe that the Miranda warning procedure should be ignored because it is now ineffective. We recognize the reasons for these beliefs, but our position is that procedures are available which could reinstate reaching the goals of Miranda. Some of these have the purpose of reducing the number of false confessions; for example, requiring the presence of an attorney when defendants are informed of their rights, so that we can be assured that any waiver of rights reflected understanding of the choices. Other recommendations would be applied at the time of the trial; for example, requiring corroboration of nay details from the confession, allowing an expert to testify about the effects of coercion, and presenting a videotape of the entire interrogation.
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