Part I of this article briefly explores the background and historical context that ultimately led to the Miranda decision. As the late Dr. Carl Sagan once said, “you have to know the past to understand the present.” Understanding the circumstances and cases leading up to Miranda helps in the overall application of Miranda to cases of today. Part II addresses whether a statement should be allowed into evidence and provides a practical working approach to conduct a Miranda analysis. This innovative approach provides a step-by-step process in determining the admissibility of statements pursuant to Miranda and its progeny. This process provides clarity to the world of Miranda for practitioners in the criminal justice system. Finally, Part III of the article examines what happens when the Miranda rule is not followed. The ramifications are discussed and distinguished from the Fourth Amendment.
Recommended CitationBryan Taylor, You Have the Right to Be Confused! Understanding Miranda After 50 Years, 36 Pace L. Rev. 158 (2015)
Available at: http://digitalcommons.pace.edu/plr/vol36/iss1/5