
Published online:
01 May 2010
Published in print:
21 April 2010
Online ISBN:
9780199776986
Print ISBN:
9780199730902
Contents
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Reactions to the Announcement of the Miranda Decision Reactions to the Announcement of the Miranda Decision
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Three Stages Three Stages
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The Dissents by the Justices The Dissents by the Justices
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Empirical Findings Empirical Findings
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The Realization of Miranda’s Ineffectiveness The Realization of Miranda’s Ineffectiveness
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Limitations in the Original Decision Limitations in the Original Decision
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Specific Limitations Specific Limitations
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No requirement that Miranda rights be given immediately No requirement that Miranda rights be given immediately
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No retroactive application No retroactive application
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Limited to “in-custody” interrogations Limited to “in-custody” interrogations
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A loss of morale and a sense of confusion in the police A loss of morale and a sense of confusion in the police
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Chapter
4 Limitations of the Original Opinion
Get access
Pages
61–76
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Published:April 2010
Cite
Wrightsman, Lawrence S., and Mary L. Pitman, 'Limitations of the Original Opinion', The Miranda Ruling: Its Past, Present, and Future, American Psychology-Law Society Series (New York , 2010; online edn, Oxford Academic, 1 May 2010), https://doi.org/10.1093/acprof:oso/9780199730902.003.004, accessed 16 May 2025.
Abstract
This is the first of four chapters describing different causes for the less-than-anticipated impact of the Miranda decision. The decision was a compromise, and did not go as far as it could have. For example, the justices considered, but rejected, a requirement of an attorney’s presence when the warnings were given. The decision limited the application of the warnings to only those interrogations when the defendant was “in custody,” and the Court was vague about the timing requirements.
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