50 Texas Tech L. Rev. 97 (2017) (symposium)
16 Pages Posted: 29 Mar 2018
Date Written: March 19, 2018
This article is part of a symposium held at Texas Tech Law School exploring the consequences of Miranda v. Arizona after 50 years. The panel that this paper emerged from was asked to address whether Miranda was good for police.
The article argues not only that Miranda has been a positive development for policing, but also that it provides a roadmap for other prophylactic constitutional interpretations that might enhance the protection of under-enforced constitutional rights and improve the societal outcomes in policing and sentencing. Specifically, the article briefly considers applications to protections arising under the Fourth, Sixth, and Eighth Amendments.
Keywords: Miranda, policing, sentencing, prophylactic rules, under enforced rights
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