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From Free To Conservative:Reach On The Change Of Miranda Warning

Posted on:2018-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:J CaoFull Text:PDF
GTID:2346330542976426Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Miranda warning originally let the public know it through the TV show.People can see the police repeated over and over again in television:"you have the right to remain silent,but every word you say will be as the court.”In fact,the nature of these rights of the Miranda rule have already been deeply embedded in the police routine practice,and became a part of national culture in the United States.The nature of the Miranda warning is to protect the constitutional rights of criminal suspects,and do play a positive role in practice.But Miranda warning in practice also still has many risks,Such as if the establishment of the Miranda warning will reduce the detection rate of the police?Would it increases the cost of investigation?Whether it can reduce the confession rate of suspects?Will it overindulgence of crime so as to lead to rising crime rates?It will lead a big controversy of Miranda warning.On the fifth anniversary of the Miranda case,as the changes of time and constantly change of Supreme Court justices,Miranda warning also changes in practice.By warren justice at the helm of the warren court,which lead the liberal position throughout the period by making a series of cases.And then Warren court as an opportunity to Miranda case finally founded the Miranda warning.At the same time Warren court through the Innis case,Johnson case,Jenkins case,Mathis case and Orozco case to continuously consolidate and expand the Miranda warning's range.The Burger justice,which upholder the conservative ideas,opened the door to Miranda warning's exception in the first time through the in order to limit the Miranda warning.Then they greatly weakened the effect of Miranda warning through Haas case,Butler case,Butler case and Elstad case,etc.It marked the Miranda warning gradually tend to be conservative.Then the chief justice,William Rehnquist,who has the inconsistent attitude of the Miranda warning,opened the door to more exceptions by Tucker's case,the Quarles case to.But in Dickerson case,William Rehnquist detennined the constitutional status of Miranda warning.This behavior shows that he affirmed the Miranda warning,actually it did not shake his conservative stance.Finally,because of the "911",American society has a high degree of consistency in the fight against terrorism,which also indirectly prompted the Miranda warning has launched a new round of restrictions and exception.Miranda warning has brought the positive influence to the United States criminal justice system,but itself is controversial,change and constantly alienation.Miranda rule is not exist independently,but need the support of system environment.The Supreme Court's attitude of the Miranda warning also is from free gradually tends to the conservative,and they limit the Miranda warning but not the complete negation.Miranda warning change also implies that the Supreme Court has been trying to find a balance between in the protection of human rights of criminal suspects and punishing crimes.
Keywords/Search Tags:Miranda rule, United States Supreme Court, custody and interrogation, conflicting and balancing
PDF Full Text Request
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