Respecting the Privilege against Self-Incrimination: A Call for Providing Miranda Warnings in Non-Custodial Interrogations
34 Pages Posted: 10 Dec 2012
Date Written: December 9, 2012
Abstract
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.
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