Subjective interpretations run counter to the law’s objective nature

Criminal Procedure

By Timothy P. O’Neill

Timothy P. O’Neill is the Edward T. and Noble W. Lee Chair in Constitutional Law for 2014-15 at The John Marshall Law School in Chicago. Readers are invited to visit his Web log and archives at jmls.edu/oneill.

Posted December 1, 2015 3:04 PM

Updated December 2, 2015 10:23 AM

The theory behind Miranda v. Arizona is clear: An atmosphere of compulsion exists when a person in police custody is facing the prospect of interrogation. A person in “custody” — that is, not free to leave — may consequently feel that he is being forced to answer police questions.The role of Miranda warnings is to neutralize this atmosphere by assuring the suspect that, even though he cannot leave, the Fifth Amendment right against self-incrimination nevertheless gives him the right to refuse to …

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