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'Miranda' Dealt One-Two Punch by High Court

Publication Date: 
February 25, 2010
Source: 
Law.com
Author: 
Tony Mauro

Professor Jeffrey Fisher, an expert in criminal procedure, is quoted on the Supreme Court's ruling on repeat questioning of suspects without a lawyer. Tony Mauro of Law.com reports:

It has not been a good week for the famed Miranda warning at the hands of the Supreme Court.

In decisions issued on Tuesday and Wednesday, the Court ruled that confessions should be admitted at trial even when police interviewed suspects in circumstances that lower courts viewed as Miranda violations.

The Court on Wednesday issued (pdf), establishing new, more permissive rules for police who want to question a suspect for a second time after the suspect invokes Miranda's right to remain silent.

...

Stanford Law School professor Jeffrey Fisher said the rulings continue the Court's trend of "extreme hostility toward constitutional rules that require the exclusion of evidence -- especially confessions and the product of illegal searches -- from criminal trials." Fisher, who heads a National Association of Criminal Defense Lawyers committee that files amicus briefs at the high court, said, "In short, this Court sees the costs and benefits of rules designed to curb police overreaching entirely differently than the Court did a generation ago. "