Abstract

http://ssrn.com/abstract=979536
 
 

Footnotes (321)



 


 



Magistrates' Examinations, Police Interrogations, and Miranda-Like Rules in the Nineteenth Century


Wes Oliver


Widener University - School of Law


Tulane Law Review, Vol. 81, p. 777, 2007
Widener Law School Legal Studies Research Paper No. 08-14

Abstract:     
The New York legislature in the early-nineteenth century began to require interrogators to warn suspects of their right to silence and counsel. The Warren Court, in Miranda v. Arizona, did not invent the language of the warnings; rather, it resurrected the warnings that were no longer given in New York after the latter half of the nineteenth century. The confessions rule, a judicially created rule of evidence much like the modern voluntariness rule, excluded many statements if any threat or inducement was made to the suspect. Courts in the early-nineteenth century, however, were willing to accept confessions notwithstanding an improper inducement if the suspect had been given the now-famous warnings. The warnings remained in place until the newly elected New York judiciary began to retreat from the strict version of the confessions rule that prompted interrogators to give those warnings. The threat of losing statements to the confessions rule was greater than the threat that suspects would exercise the rights of which police advised them - at least until the judiciary substantially weakened the confessions rule.

Number of Pages in PDF File: 53

Keywords: Miranda, Interrogation, Nineteenth Century, History

JEL Classification: K14

Accepted Paper Series





Download This Paper

Date posted: April 13, 2007 ; Last revised: February 20, 2008

Suggested Citation

Oliver, Wes, Magistrates' Examinations, Police Interrogations, and Miranda-Like Rules in the Nineteenth Century. Tulane Law Review, Vol. 81, p. 777, 2007; Widener Law School Legal Studies Research Paper No. 08-14. Available at SSRN: http://ssrn.com/abstract=979536

Contact Information

Wes Oliver (Contact Author)
Widener University - School of Law ( email )
4601 Concord Pike
P.O. Box 7286
Wilmington, DE 19803-0474
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,228
Downloads: 136
Download Rank: 126,485
Footnotes:  321

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.469 seconds