March 6, 2010
Norton on the Quarles Exception to MirandaRorie Norton has posted Matters of Public Safety and the Current Quarrel Over the Scope of the Quarles Exception to Miranda (Fordham Law Review, Vol. 78, pp. 101-139, 2010) on SSRN. Here is the abstract:
As the only exception permitting an intentional violation of Miranda, this circuit split concerning the scope of the Quarles exception poses a substantial threat to the ongoing role of Miranda in the criminal justice system. In light of this conflict and the possible repercussions, this Note endorses the narrow approach as the most consistent with the language and intent of Quarles. It further proposes a formal, three-prong test for applying the Quarles exception that requires officers to have actual knowledge of an immediate threat, with all pre-Miranda suspect questioning objectively evaluated to ensure that it is narrowly tailored to that threat. Finally, this Note concludes by justifying its proposed test as the best method to ensure uniformity in the future application of Quarles among the lower courts and to prevent the exception from being applied in a manner threatening to the Miranda doctrine.
March 6, 2010 | Permalink