Thursday, December 20, 2012
Rinat Kitai-Sangero has posted Respecting the Privilege against Self-Incrimination: A Call for Providing Miranda Warnings in Non-Custodial Interrogations (New Mexico Law Review, Vol. 42, 2012) on SSRN. Here is the abstract:
The article argues that although custodial interrogation entails inherent pressures that act to weaken a suspect's will to resist, Miranda should apply also in non-custodial settings once the interrogee has become the focal point of the interrogation. Without counsel, the chances increase significantly that a suspect will incriminate himself unwillingly. Non-application of Miranda in every interrogation of suspects, both custodial and non-custodial, subverts three main rationales for the privilege against self-incrimination: casting the burden of proof upon the state, avoiding the pooling effect, and protecting the innocent from a wrongful conviction.