'You Have the Right to an Attorney', but Not Right Now: Combating Miranda’s Failure by Advancing the Point of Attachment Under Article XII of the Massachusetts Declaration of Rights
D. Christopher Dearborn
Suffolk University Law School
June 6, 2011
Suffolk University Law Review, Vol. 44, p. 359, 2011
Suffolk University Law School Research Paper No. 10-64
Forty years of history has clearly demonstrated that Miranda v. Arizona has completely failed to honor its objectives. In this article, I examine Miranda’s failure by exposing its mythology. Then, I propose a novel solution for the Commonwealth of Massachusetts, inviting the Supreme Judicial Court (‘SJC’) to advance the point where the right to counsel attaches from arraignment to arrest, or at the very latest, prior to the commencement of custodial interrogation. I argue that this proposal is socially justified, a logical extension of the principles embodied in article 12 of the Massachusetts Declaration of rights, and consistent with the SJC’s bold and courageous history of departing from Supreme Court jurisprudence by providing greater protections to the citizens of Massachusetts.
Number of Pages in PDF File: 57Accepted Paper Series
Date posted: December 16, 2010 ; Last revised: June 13, 2011
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