Miranda's Waning Protections

by White, Welsh S.

• ISBN13: 9780472089413
• ISBN10: 0472089412
• Format: Paperback
• Copyright: 2003-11-01
• Publisher: Univ of Michigan Pr

Summary

Did the Supreme Court's upholding ofMirandain 2000 adversely impact law enforcement, as conservatives have complained, or was it a reaffirmation of individual rights? Welsh S. White looks at both sides of the issue, emphasizing thatMirandarepresents just one stage in the Court's ongoing struggle to accommodate a fundamental conflict between law enforcement and civil liberties, and assessing whether the Court's present decisions (includingMiranda) strike an appropriate balance between promoting law enforcement's interest in obtaining reliable evidence and the individual's interest in being protected from overreaching police practices. Welsh S. White is Professor of Law, University of Pittsburgh School of Law. He is best known for his work on capital punishment and has published and lectured on the death penalty for the past twenty years.

Table of Contents

1. Introduction	1	(13)
2. The Third Degree	14	(11)
3. The Evolution of Modern Police Interrogation Practices	25	(14)
4. The Due Process Voluntariness Test	39	(13)
5. Miranda and Its Immediate Aftermath	52	(8)
6. Miranda's Subsequent History	60	(16)
7. How Modern Interrogators Have Adapted to Miranda	76	(31)
8. Dickerson	107	(9)
9. Miranda's Limitations	116	(12)
10. The Third Degree Redux	128	(11)
11. Police-Induced False Confessions: The Scope of the Problem	139	(21)
12. Examples of Police-Induced False Confessions	160	(30)
13. Providing Adequate Fact-Finding in Interrogation Cases	190	(6)
14. Regulating Interrogation Practices in the Twenty-first Century	196	(25)
15. Conclusion	221	(6)
Table of Cases	227	(2)
Index	229