Respecting the Privilege against Self-Incrimination: A Call for Providing Miranda Warnings in Non-Custodial Interrogations
College of Law and Business
December 9, 2012
New Mexico Law Review, Vol. 42, 2012
The article argues that although custodial interrogation entails inherent pressures that act to weaken a suspect's will to resist, Miranda should apply also in non-custodial settings once the interrogee has become the focal point of the interrogation. Without counsel, the chances increase significantly that a suspect will incriminate himself unwillingly. Non-application of Miranda in every interrogation of suspects, both custodial and non-custodial, subverts three main rationales for the privilege against self-incrimination: casting the burden of proof upon the state, avoiding the pooling effect, and protecting the innocent from a wrongful conviction.
Number of Pages in PDF File: 34Accepted Paper Series
Date posted: December 10, 2012
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