Miranda, Morality, and Court Created Caveats: A Reply to Malvina Halberstam

12 Pages Posted: 3 Apr 2012  

G. Kristian Miccio

University of Denver Sturm College of Law

Date Written: April 3, 2012

Abstract

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

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

G. Kristian Miccio (Contact Author)

University of Denver Sturm College of Law ( email )

2255 E. Evans Avenue
Denver, CO 80208
United States

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