CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, October 16, 2017

Weisselberg on Exporting and Importing Miranda

Weisselberg charlesCharles D. Weisselberg (University of California, Berkeley - School of Law) has posted Exporting and Importing Miranda (Boston University Law Review, Vol. 97, No. 3, 2017) on SSRN. Here is the abstract:
This article examines Miranda v. Arizona from a comparative perspective. Although many scholars have documented Miranda’s inability to protect the Fifth Amendment privilege in interrogations in the U.S., a significant number of nations are implementing Miranda-like procedures.

The article begins by setting the framework for a comparative approach, examining aspects of criminal justice systems, legal culture, the function of interrogation, and conditions for reform. Japan provides an example of a reform effort that never gained traction.

Next the article explores developments in Europe. Decisions from the European Court of Human Rights and directives from European Parliament and Council of the EU require Miranda-like warnings. Because these decisions and directives are relevant to Member States with widely-varying systems, cultures, political structures, and challenges, they provide a fascinating laboratory for study. The article contrasts Miranda in Europe and the U.S., both “on the books” and “on the ground.”

The article concludes with a series of questions: Have our five decades of experience with Miranda in fact influenced the development of the law in other regions and nations? Can other countries avoid some of the deficiencies of the U.S. Miranda rule? And what do developments in Europe say about our own anemic Miranda doctrine? Put another way, what aspects of a European version might we consider for the United States?

| Permalink


Post a comment