feeling compelled to speak to the police He says in effect

Last updated: 3/1/2023

feeling compelled to speak to the police He says in effect that the Miranda warning didn t make things much better One reason could be that subsequent Supreme Court cases weakened the protections offered in Miranda v Arizona which becomes apparent when examining the language in the Miranda decision written by Warren 1966 and contrasting it with the Davis decision written by O Connor 1994 and then the Berghuis decision written by Kennedy 2010 In this paper I will discuss Supreme Court cases that have weakened the Miranda rights and make clear why Chemerinsky as well as Solan and Tiersma have questioned their effectiveness and what could be done to safeguard the rights of the accused Sources to Consult Barnes R 2010 June 2 Supreme Court Suspects must invoke right to remain silent in interrogations Washington Post http www washingtonpost com wp dyn content article 2010 06 01 AR2010060102114 html noredirect on Berghuis v Thompkins n d Justia https supreme justia com cases federal us 560 370 Chemerinsky E 2016 June 27 Why have Miranda rights failed Democracy A Journal of Ideas https democracyjournal org arguments why have miranda rights failed Davis v United States n d Justia https supreme justia com cases federal us 512 452 Miranda v Arizona n d Justia https supreme justia com cases federal us 384 436