Miranda v. Arizona: A Modest But Important Legacy
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Description
The story of Miranda is in large part a doctrinal story centered on the evolution and content of Fourteenth Amendment "due process” and the Fifth Amendment's self-incrimination clause. Miranda is also, of course, the story of interrogation as an important tool of criminal· investigation. More generally, the Miranda story is in microcosm the story of the twentieth-century development of policing as a profession. But even these large topics are among the narrower facets of the complete Miranda. Miranda epitomizes the importance and difficulty of outside efforts to regulate law-enforcement behavior. Miranda is the poster child for the Supreme Court's fluctuating commitment to safeguarding the fairness of the criminal justice system as a whole. More broadly yet, it is no exaggeration to say that, more than any other word or phrase in our lexicon, “Miranda” stands for judicial activism, for the volatile dynamics of crime-control politics, and for the problematic legitimacy and effectiveness of Supreme Court attempts to assure justice in American social arrangements at any or all levels. The approach of Miranda's fortieth birthday signals more than an interesting anniversary. Today only our most senior judges, lawyers and detectives know at first hand the world before Miranda. Soon none of that generation will remain professionally active. Their world, legally and operationally, was very different from the criminal justice world we inhabit today.
Source Publication
Criminal Procedure Stories
Source Editors/Authors
Carol S. Steiker
Publication Date
2006
Recommended Citation
Schulhofer, Stephen J., "Miranda v. Arizona: A Modest But Important Legacy" (2006). Faculty Chapters. 1383.
https://gretchen.law.nyu.edu/fac-chapt/1383
