Handcuffing the Cops? A Thirty Year Perspective on Miranda’s Effects on Law Enforcement

91 Pages Posted: 13 May 2011

See all articles by Paul G. Cassell

Paul G. Cassell

University of Utah - S.J. Quinney College of Law

Richard Fowles

University of Utah - College of Social & Behavioral Sciences - Department of Economics

Date Written: April 1998

Abstract

Critics charged that the Supreme Court’s 1966 decision in Miranda v. Arizona would “handcuff the cops.” Were critics’ concerns justified? This Article, using FBI data, finds that national crime clearance rates fell precipitously in the two years immediately after Miranda and have remained at lower levels in the decades since. Multiple regression analysis further reveals that rising crime rates and the aging baby-boom generation do not account for much of this decline in clearance rates. Rather, as this Article concludes, Miranda has in fact “handcuffed” the police, and society should begin to explore ways of loosening these shackles.

Keywords: Victim, Crime Victim, Impact Statements, Criminal Justice, Sentencing

JEL Classification: K14, K41, K42

Suggested Citation

Cassell, Paul G. and Fowles, Richard, Handcuffing the Cops? A Thirty Year Perspective on Miranda’s Effects on Law Enforcement (April 1998). Stanford Law Review, Vol. 50, p. 1055, April 1998, Available at SSRN: https://ssrn.com/abstract=1838709

Paul G. Cassell (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States
801-585-5202 (Phone)
801-581-6897 (Fax)

Richard Fowles

University of Utah - College of Social & Behavioral Sciences - Department of Economics ( email )

1645 Central Campus Dr.
Salt Lake City, UT 84112
United States

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