Tuesday, September 20, 2022
Tim (Xiaoming) Wang has posted Constitutionally Required, in Part: Miranda After Vega v. Tekoh (University of Illinois Law Review, Forthcoming) on SSRN. Here is the abstract:
At issue in the recently decided Vega v. Tekoh case was whether a defendant who was denied his Miranda rights had a cause of action in § 1983. In holding that he did not, the Court also declared decisively that Miranda warnings are not in fact a constitutional right. If that is true, then what basis does the Court have to overturn, as it did in Dickerson v. United States, a legislative attempt to supersede Miranda? This article articulates a reading of Miranda that both dispels the potential constitutional impropriety of Dickerson and comports with Vega.