Comments on: W(h)ither Miranda?

By: Abiye

Abiye — Thu, 04 Sep 2008 20:04:39 +0000

I think it’s better than what we currently have, though. If nothing else, the cops might behave a little better

By: gizli kamera

gizli kamera — Mon, 25 Aug 2008 08:06:38 +0000

was particularly interested in that article’s comments as it related to juveniles. In Texas, juveniles in custody have to be magistrated with statutory warnings before giving a written statement and then have to have a magistrate go over the statement with them before signing it. The police get around this by simply interviewing them as a witness in a non-custodial situation, turning them loose and arresting them at a later time

By: Güvenlik kameras?

Güvenlik kameras? — Fri, 21 Mar 2008 14:41:26 +0000

I think the videotaping works if we move away from a bright-line rule. If there was greater focus on the voluntariness of a confession, then a video from start to finish might better serve the judge in making the determination of whether a confession was voluntary.

Obviously, you are going to have people who feel coerced regardless, but that’s another issue, where perhaps education might come into play.

Of course, you are correct that if there is a coerced confession – the coercion aspect of which is not “caught on tape”, then any challenge to it might be completely useless.

I think it’s better than what we currently have, though. If nothing else, the cops might behave a little better.

By: SPO

SPO — Sat, 23 Feb 2008 17:11:17 +0000

Given Miranda’s obvious flaws, as aptly described in SCalia’s dissent in Dickerson, it’s not surprising that people are taking a second look. Voluntariness gets the short shrift–oh well, be careful what you wish for.

By: TexPD4Parity

TexPD4Parity — Sat, 23 Feb 2008 16:01:29 +0000

I was particularly interested in that article’s comments as it related to juveniles. In Texas, juveniles in custody have to be magistrated with statutory warnings before giving a written statement and then have to have a magistrate go over the statement with them before signing it. The police get around this by simply interviewing them as a witness in a non-custodial situation, turning them loose and arresting them at a later time.

By: Gideon

Gideon — Sat, 23 Feb 2008 15:46:39 +0000

Obviously, you are going to have people who feel coerced regardless, but that’s another issue, where perhaps education might come into play.

Of course, you are correct that if there is a coerced confession – the coercion aspect of which is not “caught on tape”, then any challenge to it might be completely useless.

I think it’s better than what we currently have, though. If nothing else, the cops might behave a little better.

By: SHG

SHG — Sat, 23 Feb 2008 15:42:21 +0000

Good morning, Gid. I’m going to deal with the issue of videotaping interrogations some other day, but for the moment, I think it suffers from the same problems Miranda does, except that it will prove far more damning and essentially impossible to overcome. It’s another good idea that may come back to bite us in the butt.