Monday, March 18, 2019
Ronald J. Rychlak (University of Mississippi, School of Law) has posted Baseball, Hot Dogs, Apple Pie, and Miranda Warnings (50 Texas Tech Law Rev. 15 (2017)) on SSRN. Here is the abstract:
When the Supreme Court first adopted the Miranda rule, it was new and exotic. At times, it was said to be a prophylactic rule, subject to amendment or revocation by Congress. Eventually it became an accepted part of American life. As that happened, it also became more than prophylactic. Today, even though aspects of it may be confusing, Miranda is built into the American culture. As such, the United States Supreme Court has properly come to view it as a fully constitutional rule.