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- Chapter 24 Interrogation Law
§ 24.09 ADEQUACY OF MIRANDA WARNINGS
Jurisdiction | United States |
§ 24.09. Adequacy of Miranda Warnings
The Supreme Court announced in California v. Prysock143 that no "talismanic incantation" of the Miranda warnings is required, as long as the officer's explanation of the suspect's constitutional rights is a "fully effective equivalent" of the Miranda warnings. Thus, although a benefit of Miranda is its supposed bright-line nature, and the Miranda warnings themselves are easily stated, the Court has approved a case-by-case factual inquiry when officers "ad lib" or a police department develops a different version of the warnings.
Although this rule is not in direct conflict with Miranda, the Court's application of it in Duckworth v. Eagan144 arguably "dealt Miranda a heavy blow."145 In Duckworth, the police read D a set of warnings that included the following remarks:
Anything you say can be used against you in court. You have a right to talk to a lawyer for advice before we ask you any questions, and to have him with you during questioning. You have this right to the advice and presence of a lawyer even if you cannot afford to hire one. We have no way of giving you a lawyer, but one will be appointed for you, if you wish, if and when you go to court. . . .
In view of the second italicized remark, a federal court concluded that the warnings were defective because D, an indigent, could reasonably have interpreted the words to mean that a lawyer would not be available to him until formal charges were brought, even if the questioning proceeded immediately.
The Supreme Court declared the warnings adequate.146 According to Chief Justice Rehnquist, "[t]he inquiry is simply whether the warnings reasonably 'conve[y] to [a suspect] his rights as required by Miranda.' "147 He stated that, in view of the first italicized sentence above, the warnings made sufficiently clear that questioning would not occur until D had a lawyer or waived the right. The warnings "touched all of the bases required by Miranda," and the officer's additional comment was accurate in terms of state law and under Miranda.148 Professor Yale Kamisar has observed, however, that "if [D] were a smart, sophisticated fellow, he might have dissected the . . . police warning the way [the Court] did. . . . But the Miranda warnings weren't designed for smart, sophisticated people."149
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Notes:
[143] 453 U.S. 355 (1981).
[144] 492 U.S. 195 (1989).
[145] Yale Kamisar, Duckworth v. Eagan: A Little-Noticed Miranda Case That May Cause Much Mischief, 25 Crim. L. Bull...
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- Chapter 24 Interrogation Law
- § 24.01 MIRANDA: A BRIEF OVERVIEW AND SOME REFLECTIONS
- § 24.02 MIRANDA: PLACING THE CASE IN HISTORICAL CONTEXT
- § 24.03 ILLINOIS
- § 24.04 MIRANDA: THE CASE
- § 24.05 CRITICISMS OF MIRANDA
- § 24.06 IS MIRANDA A CONSTITUTIONALLY BASED DECISION?
- § 24.07 MEANING OF MIRANDA: "CUSTODY"
- § 24.08 MEANING OF MIRANDA: "INTERROGATION"
- § 24.09 ADEQUACY OF MIRANDA WARNINGS
- § 24.10 WAIVER OF MIRANDA RIGHTS
- § 24.11 CUSTODIAL INTERROGATION: WHEN MIRANDA WARNINGS ARE NOT REQUIRED
- § 24.12 SCOPE OF THE MIRANDA EXCLUSIONARY RULE
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