Miranda Warnings

The question of when to read the Boston bombing suspect the Miranda warnings raises an interesting issue for attorneys: in order to build a case, they're left with the work of police officers and other investigators who acted before attorneys were brought in. Whether, when, and how Miranda warnings were given is at the crux of a huge percentage of criminal cases. For example,

• Supreme Court: Miranda Warning Not Required for Inmate Questioned About Second Crime in Prison
• Court Weighs Whether a Prosecutor Can Use a Defendant’s Refusal to Answer a Question
• Kentucky Students Must be Read Miranda Rights at School if Police are Present
• Supreme Court Rules Against N.C. in Juvenile Miranda Rights
• Miranda warning Rights Trimmed Bit by Bit by High Court

What does this mean for you? Your job as an attorney is to work with the case and the facts you're given. If a criminal law practice is in your future, become expert on Miranda law and keep current on any changes in the law. Also, get to know law enforcement and what they're taught with respect to the Miranda warnings.

• Evaluating Capacity to Waive Miranda Rights
• The Miranda Ruling: Its Past, Present, and Future (also available for free online)  
• Miranda: The Story of America's Right to Remain Silent
• Written and Interpersonal Communication: Methods for Law Enforcement (with a chapter dedicated to Miranda called "Questioning")
• Constitutional Limitations of Interviewing and Interrogations in American Policing