Miranda Law: The Right to Remain Silent

By Ron Fridell | Go to book overview

Seven
REACTIONS TO THE RULING

Justice Tom C. Clark also wrote a dissent to the Miranda majority opinion. In it, he stated that the warnings [inserted at the nerve center of crime detection may well kill the patient.] That is, making the police give the warnings before interrogation may mean that criminals will stop confessing entirely.

Clark's reasoning went something like this: You have a suspect who is about to admit that he did something criminal—something that will send him to jail. Wait, you tell him. Before you say another word, listen to what I, the arresting officer—the person in charge, have to tell you.

Then you warn the suspect about what could happen to him unless he changes his mind that his confession could put him behind bars. Now what can we reasonably expect the suspect to do next? Wouldn't that warning make him stop and ask himself, [Hold on, what am I about to do here? This makes no sense. All I'd be doing is dooming myself to a stretch behind bars. Oh no, I'm not saying anything until I talk to that lawyer you say you'll supply me.]


A Heated Atmosphere

The 1966 Miranda ruling came at a time when crime in the streets was a deadly serious issue. Each year the FBI

-91-

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Miranda Law: The Right to Remain Silent
Table of contents

Table of contents

  • Title Page 3
  • Contents 5
  • One - The Miranda Rule 7
  • Two - You Have the Right to Remain Silent 18
  • Three - You Have the Right to Counsel 33
  • Four - Filling the Case 55
  • Five - The Oral Arguments 64
  • Six - The Ruling 77
  • Seven - Reactions to the Ruling 91
  • Eight - Exception and Extensions 97
  • Nine - Miranda is Challenged 107
  • Ten - Miranda Today 113
  • Notes 129
  • Further Information 135
  • Bibliography 137
  • Index 139
  • About the Author 144
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