Thursday, January 17, 2013

The New Miranda Warning (Cicchini)

Miranda has one foot in the grave.  Even a casual read of the Miranda warning reveals that it is incomprehensible to most suspects, lawyers, and even judges.  The warning is also grossly inaccurate and incomplete with regard to the rights it purports to describe.  Further, the warning makes it incredibly difficult for a suspect to actually invoke any of the underlying rights, and provides the police with numerous ways to circumvent the law.  My newest article  describes these problems, and rewrites the Miranda warning in order to make it clear, accurate, and complete.  The new proposed warning also provides suspects with a way to actually invoke their rights, and prevents governmental abuse of the Fifth Amendment.  Full article available here.  

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