Miranda Law: The Right to Remain Silent

By Ron Fridell | Go to book overview
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Eight
EXCEPTION AND EXTENSIONS

Like Other Controversial Court rulings, Miranda would draw wave after wave of challenge and change in years to come. It was natural. One Court ruling put it this way:

No court laying down a general rule can possibly
foresee the various circumstances in which
counsel will seek to apply it, and the sort of modi-
fications represented by these cases are as much a
normal part of constitutional law as the original
decision.

As police officers, lawyers, and judges apply the ruling in new and different situations, they raise challenging questions. And the answers to those questions mean change.

For example, police had to read a person his Miranda rights when they arrested him. But exactly when was a person under arrest? The ruling also stated that the suspect could waive his Miranda rights and confess. But police must prove that the suspect had waived his rights, and what constituted valid proof that would stand up in court?

-97-

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