34 Pages Posted: 10 Dec 2012
Date Written: December 9, 2012
The article argues that although custodial interrogation entails inherent pressures that act to weaken a suspect's will to resist, Miranda should apply also in non-custodial settings once the interrogee has become the focal point of the interrogation. Without counsel, the chances increase significantly that a suspect will incriminate himself unwillingly. Non-application of Miranda in every interrogation of suspects, both custodial and non-custodial, subverts three main rationales for the privilege against self-incrimination: casting the burden of proof upon the state, avoiding the pooling effect, and protecting the innocent from a wrongful conviction.
Suggested Citation: Suggested Citation
Kitai-Sangero, Rinat, Respecting the Privilege against Self-Incrimination: A Call for Providing Miranda Warnings in Non-Custodial Interrogations (December 9, 2012). New Mexico Law Review, Vol. 42, 2012. Available at SSRN: https://ssrn.com/abstract=2187044