Adapting to Miranda: Modern Interrogators' Strategies for Dealing with the Obstacles Posed by Miranda

76 Pages Posted: 16 May 2008

See all articles by Richard A. Leo

Richard A. Leo

University of San Francisco - School of Law

Abstract

From its inception, the Miranda doctrine has been criticized by those who believe it unduly restricts law enforcement and by those who believe it provides insufficient protection for individuals suspected of a crime. Without opining whether the Miranda warning and waiver requirements should be overruled or modified, this article evaluates how police interrogators have adapted to Miranda. Drawing from interrogation transcripts that span over a decade, the article analyzes the dynamics of police officers' interrogation techniques in light of Miranda obstacles and evaluates the costs of Miranda to law enforcement.

The article acknowledges that the magnitude of Miranda's impact on law enforcement cannot be precisely determined. Rather than engage in any speculative evaluation of Miranda's effects on confession and conviction rates, the article instead focuses on the interaction between interrogators and suspects in a wide range of situations. The article concludes that modern police interrogators have refined their interrogation techniques to obtain admissible statements in spite of the obstacles posed by Miranda.

Keywords: criminal procedure, Miranda, law enforcement, interrogation techniques

Suggested Citation

Leo, Richard A., Adapting to Miranda: Modern Interrogators' Strategies for Dealing with the Obstacles Posed by Miranda. Minnesota Law Review, Vol. 84, 1999. Available at SSRN: https://ssrn.com/abstract=1133226

Richard A. Leo (Contact Author)

University of San Francisco - School of Law ( email )

2130 Fulton Street
San Francisco, CA 94117
United States

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