Criminal,
Constitutional Law
Jun. 12, 2010
Miranda Rights: What a Difference a Generation Makes
For those advocating on behalf of the individual against the might of the government, there is now another hurdle to overcome.
Konrad Moore
Public Defender, Kern County Public Defender's Office
Two truths emerge from Berghuis v. Thompkins (2010 DJDAR 8047), the U.S. Supreme Court's latest visitation of Miranda, the seminal decision which procedurally enshrined the constitutional protection against self-incrimination. The first, arguably inuring to society's benefit, is that countless more admissions and confessions will be admitted at criminal trials with a resultant increase in convictions. Most of those convicted will probably be guilty. Second, as a matter of law...
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