12 Pages Posted: 3 Apr 2012
Date Written: April 3, 2012
Professor Miccio addresses Professor Halberstam's whittling away of Fifth Amendment protection in antiterrorism cases as counter to the foundation of the Amendment and as morally problematic. By drawing upon both legal theory and moral precepts, Professor Miccio makes a very strong case for a strengthening of the right against self-incrimination and not the free-fall into oblivion suggested by Professor Halberstam or the rather meagre majority in Patane.
Suggested Citation: Suggested Citation
Miccio, G. Kristian, Miranda, Morality, and Court Created Caveats: A Reply to Malvina Halberstam (April 3, 2012). U Denver Legal Studies Research Paper No. 12-02. Available at SSRN: https://ssrn.com/abstract=2033872 or http://dx.doi.org/10.2139/ssrn.2033872