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The Champion

May 2016 , Page 28 

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Miranda Redux: The Impact of Dickerson v. United States

By Peter W. Fenton and Michael B. Shapiro

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“You have the right to remain silent….” That phrase, and the rest of the so-called Miranda warnings, arose from the landmark U.S. Supreme Court case Miranda v. Arizona.1 In the half-century since Miranda brought about significant changes to American law enforcement procedure, it has led to considerable confusion and consternation in the law enforcement community. The Miranda decision has also affected jurisprudence in American trial and appellate criminal cases, generating a substantial volume of appellate law.

The mandates of the Miranda decision have become so pervasive that they are imbedded in American culture. Anyone who watches police or lawyer dramas on television or in the movies is familiar with the admonitions; one can even find references to the Miranda warnings in newspaper comics and political cartoons. Former Chief Justice William Rehnquist, writing in Dickerson v. United States2 nearly 35 years later, observed that “Miranda has become em

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