From Miranda to §3501 to Dickerson to...(Symposium: Miranda After Dickerson: The Future of Confession Law)

Kamisar, Yale

Journal: Michigan Law Review

First Page: 879

Year: 2001

Bluebook Citation: MICH. L. REV. 879

Author: Yale Kamisar: all 70 publications


Abstract

Once the Court granted [certiorari in Dickerson] court-watchers knew the hour had come. At long last the Court would have to either repudiate Miranda, repudiate the prophylactic-rule cases [the cases viewing Miranda's requirements as not rights protected by the Constitution, but merely "prophylactic rules"] or offer some ingenious reconciliation of the two lines of precedent. The Supreme Court of the United States, however, doesn't "have to" do anything, as the decision in Dickerson once again reminds us.

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