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The Miranda RulingIts Past, Present, and Future$
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Lawrence S. Wrightsman and Mary L. Pitman

Print publication date: 2010

Print ISBN-13: 9780199730902

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780199730902.001.0001

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Limitations of the Original Opinion

Limitations of the Original Opinion

Chapter:
(p.61) 4 Limitations of the Original Opinion
Source:
The Miranda Ruling
Author(s):

Lawrence S. Wrightsman

Mary L. Pitman

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199730902.003.004

This is the first of four chapters describing different causes for the less-than-anticipated impact of the Miranda decision. The decision was a compromise, and did not go as far as it could have. For example, the justices considered, but rejected, a requirement of an attorney’s presence when the warnings were given. The decision limited the application of the warnings to only those interrogations when the defendant was “in custody,” and the Court was vague about the timing requirements.

Keywords:   burden of proof, conviction rate, false confessions, limitations of Miranda, wrongful convictions

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