The last 10 years have been tumultuous ones for Miranda warnings. The U.S. Supreme Court opened the decade with a watershed decision turning back a frontal assault on the warnings. Since then, however, as with other constitutional rights, an increasingly conservative Court has narrowed the Fifth Amendment’s protections against self-incrimination in a piecemeal fashion, culminating in three significant cases this term.
Early ‘Miranda’
Prior to 1966, when the Supreme Court handed down its seminal decision in Miranda v. Arizona,1 the Court for decades had held that police interrogations violated the Constitution only when incriminating statements were not voluntary, with the voluntariness of the statements being determined through a case-by-case assessment of the totality of the circumstances of the accused and of the interrogation.
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