Abstract

http://ssrn.com/abstract=1981790
 


 



Berghuis v. Thompkins: The Continued Erosion of Miranda's Protections


Michael L. Vander Giessen


Gonzaga University - School of Law

2011

Gonzaga Law Review, Vol. 46, No. 1, 2011

Abstract:     
In the forty-four years since the Supreme Court of the United States decided Miranda v. Arizona, the “procedural safeguards” set forth in that case have become ingrained in American law enforcement practices. However, subsequent Supreme Court decisions interpreting and applying Miranda have weakened its impact, causing some to question its significance and efficacy as a tool protecting suspects’ privilege against self-incrimination. The Court’s decision in Berghuis v. Thompkins continues this emasculating trend, first, by expressly heightening the standard necessary for suspects to invoke the right to remain silent and, second, by implicitly lowering the standard necessary to establish waiver. This comment focuses on how the Court reached its decision, what the Court ought to have decided, what negative impacts Berghuis may have on the American criminal justice system, and how those negative impacts may be limited.

Number of Pages in PDF File: 26

Keywords: Miranda, Berghuis v. Thompkins, privilege against self-incrimination, right to remain silent

Accepted Paper Series


Download This Paper

Date posted: January 9, 2012  

Suggested Citation

Vander Giessen, Michael L., Berghuis v. Thompkins: The Continued Erosion of Miranda's Protections (2011). Gonzaga Law Review, Vol. 46, No. 1, 2011. Available at SSRN: http://ssrn.com/abstract=1981790

Contact Information

Michael L. Vander Giessen (Contact Author)
Gonzaga University - School of Law ( email )
721 N. Cincinnati Street
Spokane, WA 99220-3528
United States
Feedback to SSRN


Paper statistics
Abstract Views: 595
Downloads: 80
Download Rank: 182,385

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.329 seconds