Miranda and Reasonableness
18 Pages Posted: 21 Apr 2005
The concept of the "reasonable man" has bedeviled scholars in a variety of fields, including tort law, criminal law and criminal procedure. Among the puzzles has been whether reasonableness embodies an objective test, a subjective one or some hybrid test. Several recent Supreme Court decisions have wrestled with these issues in the Miranda doctrine. This essay draws on the literature about the meaning of "reasonableness" and analyzes it in the Miranda context. It draws both positive lessons about how various justices conceptualize the "reasonable man" and normative ones about how they should do so in this and other contexts.
Keywords: Criminal Procedure, Miranda, Reasonableness
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