Violation of Miranda rights isn't the same as violating Fifth Amendment, Supreme Court says

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Gary L. Stuart is a longtime attorney, professor and the author of 'Miranda: The Story of America's Right to Remain Silent,' detailing the historic Supreme Court case the legal history of informing citizens of their Fifth and Sixth amendment rights

” included four different cases involving police interrogations in which confessions were given without any of the defendants being informed of their rights before the interrogations began. Can you talk about the general dynamic between law enforcement and people in custody before this case? And the ways in which these warnings altered that dynamic?.

What the Court did was to take four cases from four different jurisdictions, with four different sets of facts, but all of them had this commonality: suspects gave confessions without knowing that they didn’t have to, and the suspects were guilty of the crimes they were charged with. That was the glue between all four. So, when it came time to hand this decision down, it’s the same decision in all of the cases.

[The “Miranda” case] changed the dynamic in the most dramatic possible way. If you compare the state decision to “Miranda” to the U.S. federal decision, based on the same facts or the same law, there are entirely different results. The reason was because when Miranda was arrested by a police officer in Phoenix, there was no “Miranda rule.” Police officers were not required to inform anybody of anything at any time.

 

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