Abstract

http://ssrn.com/abstract=2339782
 


 



Miranda and Its (More Rights-Protective) International Counterparts


Megan Fairlie


Florida International University (FIU) - College of Law

December 19, 2013

20 UC Davis Journal of International Law & Policy (2013, Forthcoming)
Florida International University Legal Studies Research Paper No. 13-35

Abstract:     
Given that Miranda’s warnings are nearly identically reproduced in international criminal procedure, logic suggests that the rights of questioned suspects are equally valuable — and equally valued — in both realms. But history has its own logic, and Miranda’s history in the United States includes a steady erosion of its ability to safeguard the rights of suspects. This is particularly true with respect to the limitations placed on Miranda’s custodial trigger and the lessening of the requirements for an effective waiver. Recent efforts to eviscerate Miranda through these two channels, including Berghuis v. Thompkins (2010) and Howes v. Fields (2012), provide a stark contrast to the more rights-protective dictates of international criminal justice. As a result, “international Miranda” is now more faithful to both the text and intent of the Miranda opinion than current domestic practice.

Number of Pages in PDF File: 45

Keywords: Miranda doctrine, interrogation, ICTY, ICTR, SCSL, ICC, international criminal courts, custody, standard of proof, remedies, violations, shared approach, exclusion, warnings

Accepted Paper Series





Download This Paper

Date posted: October 15, 2013 ; Last revised: December 27, 2013

Suggested Citation

Fairlie, Megan, Miranda and Its (More Rights-Protective) International Counterparts (December 19, 2013). 20 UC Davis Journal of International Law & Policy (2013, Forthcoming); Florida International University Legal Studies Research Paper No. 13-35. Available at SSRN: http://ssrn.com/abstract=2339782

Contact Information

Megan Fairlie (Contact Author)
Florida International University (FIU) - College of Law ( email )
11200 SW 8th St.
RDB Hall 1097
Miami, FL 33199
United States
Feedback to SSRN


Paper statistics
Abstract Views: 456
Downloads: 87
Download Rank: 176,891

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.282 seconds