At what price will we obtain confessions?

In the 1966 case of Miranda v. Arizona, the US Supreme Court ruled that police must advise criminal suspects of their right to remain silent prior to custodial interrogation. A knowing, intelligent, & voluntary waiver of this right is mandatory before questioning can continue. In more recent years, the Supreme Court has primarily emphasized voluntariness when ruling on the admissibility of confessions. A review of state court cases shows that many judges are reluctant to find a confession involuntary. The focus has been on the totality of the circumstances, rather than individual acts used to persuade a suspect to confess. Threats of specific promises of leniency usually invalidate a confession, but lying to the suspect or not telling the suspect the charges are frequently tolerated. Courts generally are more protective of juveniles than adults. The Supreme Court's relaxation of Fourth Amendment protection leads to the fear that a similar pattern may occur with Fifth Amendment rights. Further emphasis on the voluntary nature of a confession, coupled with the state courts' lax interpretations of what is coercive, may lead to serious erosion of the rights stated in Miranda. 2 Photographs. AA