When is Police Interrogation Really Police Interrogation? A Look at the Application of the <i>Miranda</i> Mandate

Marcus, Paul

Journal: Catholic University Law Review

Volume: 69

First Page: 445

Year: 2021

Bluebook Citation: 69 CATH. U. L. REV. 445 (2021)

Author: Paul Marcus: all 24 publications


Abstract

Decades after the Supreme Court’s decision in Miranda v. Arizona, questions abound as to what constitutes interrogation when a suspect is in custody. What appeared a concise, uniform rule has, in practice, left the Fifth Amendment waters muddied. This article addresses a potential disconnect between law enforcement and the courts by analyzing examples of issues arising from Miranda’s application in an array of case law. Ultimately, it attempts to clarify an ambiguity by offering a standard for what conduct classifies as an interrogation.

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