Abstract

The formula “Miranda rights” refers to a suspect's Fifth Amendment rights to silence and an attorney while being interrogated in police custody. The Supreme Court recognized these rights in 1966 in its landmarkMiranda v. Arizonaruling. The decision mandated that suspects be notified by police of constitutional protections available to them during interrogations and that police secure suspects' knowing and voluntary waiver of those rights, should suspect statements be admissible in court. Controversy persists around the extent to which these rights should be protected. As its varied rulings sinceMirandaindicate, the Supreme Court continues to seek a balance between crime control and due process as goals of the criminal justice system in the context of police interrogations. A rich empirical literature also examines the extent of the public's knowledge and activation of Miranda rights, law enforcement's response to Miranda rights, and the effectiveness of Miranda rights in controlling crime and protecting the innocent.

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