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3. The Miranda Exclusionary Rule

James J. Tomkovicz

in Constitutional Exclusion: The Rules, Rights, and Remedies that Strike the Balance Between Freedom and Order

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195369243
eISBN:
9780199893409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195369243.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter explores the Miranda exclusionary rule, which is based on the Fifth Amendment Privilege—the right not to be compelled to be a witness against oneself. The bar to confessions prescribed ... More


Non-Native Speakers, Miranda Rights, and Custodial Interrogation

Bethany K. Dumas

in The Discourse of Police Interviews

Published in print:
2020
Published Online:
September 2020
ISBN:
9780226647654
eISBN:
9780226647821
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226647821.003.0011
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

U.S. criminal cases involving non-native English speakers are inherently complex, often requiring assessment of whether the accused has understood Miranda rights. Deciding whether a speaker has ... More


Miranda v. Arizona

Lackland H. Bloom

in Do Great Cases Make Bad Law?

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199765881
eISBN:
9780199366903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199765881.003.0016
Subject:
Law, Legal History

In Miranda, Chief Justice Warren, writing for the majority, declared that the Fifth Amendment Privilege against Self-Incrimination required that prior to custodial interrogation, the police must ... More


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