Fifty years ago, Miranda v. Arizona, 384 U.S. 436 (1966) made a significant impact on law enforcement to ensure that persons in custodial situations were informed of key rights prior to interrogation. Time has not dimmed this achievement.
At the time of Miranda, sleep and food deprivation, denial of counsel, threats and intimidation were commonly used by police to obtain “confessions” and “evidence.” Id. 446-49. There was also substantial evidence of prevalent physical coercion. Id., citing People v. Portelli, 15 N.Y.2d 235 (police beat and burned a potential witness to obtain a statement). Miranda established procedural safeguards, including specific notice to those in custody that: (1) they had a right to counsel before questioning and (2) their statements could be used as evidence against them. Id. at 446-49
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