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Does Miranda Protect the Innocent or the Guilty?, 10 Chapman L. Rev. 551 (2007)


Miranda v. Arizona' is probably the most widely recognized court decision ever rendered. Thanks to movies and television, people the world over know about "Miranda rights." Governments around the globe have embraced Miranda-like rights. Suspects in South Korea must receive their "Miranda warning" before being interrogated. So must those in Mexico, Canada, and most European countries. Miranda's notoriety surely has something to do with the decision's kaleidoscopic symbolism. To some, Miranda embodies the respect due to criminal suspects. To others, it represents the professionalism of the police. Still others regard Miranda as a glaring example of the Supreme Court's ambivalence toward law enforcement, its lack of respect for victims, and its willingness to "coddle criminals." Constitutional lawyers cite Miranda as an example of judicial usurpation of the legislative domain.9 And so on.

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