dissenting opinion in Miranda v. Arizona

E119849

The dissenting opinion in Miranda v. Arizona is Justice Byron R. White’s critique of the Supreme Court’s landmark ruling that established mandatory police warnings to suspects, arguing it unduly restricted effective law enforcement.

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dissenting opinion in Miranda v. Arizona canonical 1

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Statements (46)

Predicate Object
instanceOf Supreme Court opinion
judicial dissent
argues existing due process voluntariness test is sufficient to protect suspects
legislatures are better suited than the Court to design interrogation rules
the Constitution does not require the specific Miranda warnings adopted by the majority
the Court is engaging in judicial policymaking rather than constitutional interpretation
the Court should allow experimentation by states in regulating police interrogation
the majority underestimates the importance of confessions in criminal investigations
the majority’s decision may lead to fewer confessions
the majority’s decision may result in guilty persons going free
the majority’s decision will hamper legitimate police interrogation
the majority’s rule is an overbroad response to abuses by some police officers
the majority’s rule unduly restricts effective law enforcement
the majority’s rule will exclude reliable and probative evidence
the majority’s safeguards are not found in the text or history of the Fifth Amendment
voluntariness of a confession should be judged case by case
authoredBy Byron R. White
Byron R. White
surface form: Justice Byron R. White
caseCitation Miranda v. Arizona
surface form: Miranda v. Arizona, 384 U.S. 436 (1966)
constitutionalProvisionDiscussed Fifth Amendment to the United States Constitution
Due Process Clause
surface form: Fourteenth Amendment Due Process Clause
court Supreme Court of the United States
criticizes the majority for adopting a rigid, prophylactic rule
the majority for departing from precedent on confession admissibility
the majority for failing to defer to state criminal procedures
the majority for limiting the use of voluntary statements
date 1966
hasPerspective law-enforcement-oriented
skeptical of judicially created prophylactic rules
influencedDebateOn judicial activism in criminal procedure
scope of Miranda protections
jurisdiction United States of America
surface form: United States
language English
legalIssue Fifth Amendment to the United States Constitution
surface form: Fifth Amendment privilege against self-incrimination

admissibility of custodial confessions
police interrogation procedures
opposesHolding Miranda warnings requirement
mandatory police warnings to suspects in custody
partOf Miranda v. Arizona
positionInCase dissent
relatedTo Miranda v. Arizona
surface form: Miranda warnings

criminal procedure
custodial interrogation
law enforcement practices
supportsDoctrine case-by-case due process analysis of confessions
traditional voluntariness test for confessions

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Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Byron R. White notableWork dissenting opinion in Miranda v. Arizona