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Miranda Rule And Its Change

Posted on:2011-07-04Degree:MasterType:Thesis
Country:ChinaCandidate:X Y LiuFull Text:PDF
GTID:2166360305976748Subject:Law
Abstract/Summary:PDF Full Text Request
Miranda rule has a profound and extensive influence on police interrogation, which has been deeply rooted in the daily work of the police in the United States. The initial purpose of establishment of the Miranda rule is to protect the suspect's privilege against self-incrimination, which has been an important procedural safeguard of the Fifth Amendment of the U.S. Constitution. Supreme Court affirmed that Miranda rule has played a positive role in the protection of the privilege of criminal suspects; meanwhile they realized that there is a great risk of the rule. Therefore since it was established, Miranda rule has been controversial.With the time flying, especially the change of judicial philosophy, Miranda rule established by the Warren court has been further developed and improved through cases by Judge Berge, Rehnquist and other judges. Restriction on Miranda rule does not mean negation to the rule. On the contrary, those restriction and amendment should be taken as further development and improvement of Miranda rule, which is equilibrium value judgment on the basis of compressive consideration of judicial demand between rights protection and the flight against crime. This judicial pursuit prompted Miranda rule more reasonable. The Supreme Court makes a series of reasonable restriction and amendment on Miranda rule, at the meanwhile of the protection of the constitutional rights of citizens, which ensures the judicial activities proceed smoothly. Supreme Court makes efforts to find the best balance point between the rights protection and crime control.
Keywords/Search Tags:Miranda rule, custody, interrogation, development and improvement
PDF Full Text Request
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