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Criminal

Dec. 19, 2011

Miranda warnings: A jurisprudence of limits, boundaries, and now a need for individual assertion

A comforting principle of criminal justice has become riddled with moral ambiguity. By Jose H. Varela of the Marin County public defender's office


By Jose H. Varela

Miranda warnings are part of the legal landscape in much the same way that the "Golden Rule" is a part of any discussion on morality. They both just seem right: treat others as you would like to be treated; you have the right to remain silent, etc. But Miranda jurisprudence, much like moral ambiguity, often changes what appears to be a comforting principle of criminal justice into a stark "totality of the circums...

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