Symposium Introduction - Miranda at 40: Applications in a Post-Enron, Post-9/11 World
Donald J. Kochan
Chapman University, The Dale E. Fowler School of Law
Chapman Law Review, Vol. 10, p. 531, 2007
Chapman University Law Research Paper No. 08-20
The groundbreaking case of Miranda v. Arizona raise[d] questions which go to the roots of our concepts of American criminal jurisprudence: the restraints society must observe consistent with the Federal Constitution in prosecuting individuals for crime. This Introduction to the 2007 Chapman Law Review Symposium summarizes the contemporary examination of Miranda's influence, past and present, along with the continuing debate today. The experiences and precedents that have evolved in the past 40 years helps to explore the evolution of the criminal law and procedural dictates set forth in Miranda. Complications with custodial interrogation - and the impulses and incentives involved by both the interrogator and the interrogated - have long been an exploration in law, literature, and other forums.
This Introduction sets the stage and summarizes the articles presented herein that provide a valuable contribution to the scholarship on Miranda's evolution and its effects today. Thanks go to all the participants, including: The Honorable Edwin Meese III, Maurice Suh, Keith Bishop, Henry N. Butler, Sherri L. Burr, Marisa S. Cianciarulo, Russell Covey, M. Katherine Baird Darmer, Roman E. Darmer, Steven B. Duke, Jim Fleissner, Mark A. Godsey, Steve Goorvitch, Thomas E. Holliday, Sam Kamin, Linda Keller, Donald J. Kochan, Joan L. Larson, Jeremy M. Miller, Stephen F. Rohde, Lawrence Rosenthal, Ronald J. Rychlak, Paul Shechtman, Ronald Steiner, and J. Kelly Strader. The first panel addressed Miranda and the War on Terror. The second panel focused on Miranda and the Media. The third panel contemplated Miranda and Modern Practice. The final panel examined Miranda and Corporate Crime.
Criminal law, criminal procedure, and constitutional law were all revolutionized by Miranda forty years ago, yet its evolution must continue to be discussed and examined.
Number of Pages in PDF File: 9
Keywords: Miranda, Interrogation, Custody, Confessions, Coercion, Criminal Procedure
JEL Classification: K14, K22, K42, K10
Date posted: October 18, 2007 ; Last revised: April 4, 2013