Chapter

Limitations of the Original Opinion

Lawrence S. Wrightsman and Mary L. Pitman

in The Miranda Ruling

Published in print April 2010 | ISBN: 9780199730902
Published online May 2010 | e-ISBN: 9780199776986 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199730902.003.004

Series: American Psychology-Law Society Series

 						Limitations of the Original Opinion

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This is the first of four chapters describing different causes for the less-than-anticipated impact of the Miranda decision. The decision was a compromise, and did not go as far as it could have. For example, the justices considered, but rejected, a requirement of an attorney’s presence when the warnings were given. The decision limited the application of the warnings to only those interrogations when the defendant was “in custody,” and the Court was vague about the timing requirements.

Keywords: burden of proof; conviction rate; false confessions; limitations of Miranda; wrongful convictions

Chapter.  6968 words. 

Subjects: Criminal and Forensic Psychology

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