Do you believe the use of miranda warning has increased or decreased the number of confessions obtained in criminal cases? Why?

Hello wro:

Decreased:

Well, when a person is told that he doesn't have to talk with the police, SOME will listen to the admonition and not confess. That should reduce the number of confessions obtained.

excon

Logic says it would have decreased since people are told they don't have to talk. But I don't know of any studies or statistics done pre and post miranda to prove it.

Frankly I have my doubts as to whether it's resulted in any change. It would be interesting to see a good study on it - but haha I don't want my taxpayer dollars paying for the study. I did a little googling and couldn't find anyone giving firm facts; only guessing and commentary.

Most people have very little contact with the police, so when the police want to talk to you, they can be very intimidating. And if they want to talk to you about something "serious"... The miranda reading is nothing more than a formality.

You may not speak right away, but you have to listen, and the police will berate you over and over until you do say something, and then they'll leverage what you've said to break you down even further... and waive your rights... and they'll keep going until their satisfied they have everything they want from you.

On the flip side... An experienced criminal that has frequent contact with police will not be intimidated quite so easily. Again, the miranda warning is nothing but a formality for the cops, but the experienced criminal knows the right to remain - and remains silent until their lawyer arrives.

The miranda warning is a tool... but if you are intimidated or scared, it's not a tool you can use.

Hello again:

Indeed! MOST people want to explain their role, and fall immediately into the cops trap. It may look like they're just having a casual conversation, but it's anything but. Cops are TRAINED interviewers, who will get exactly what they want from somebody, if that somebody opens their mouth.

Cops aren't good at lots of things, like catching the right guy. But, if they've got the wrong guy in front of them (who might be YOU), they're very good at making him look like the right guy.

excon

Also miranda is required only when arrested. Cops can question you, even bring you into a station house without formally arresting your. Ergo no miranda required.

Hello again:

To add to Scotts comments – even AFTER you've been arrested, the cops don't have to Mirandize you. The only time it's required is if they plan to use what you say in court. Lot's of times, they just want to squeeze you to snitch.

As soon as the conversation comes close to an admission, THEN they might Mirandize somebody.

It's tool. It doesn't help much. But, it's better WITH Miranda, than WITHOUT.

excon

Miranda warning, if they read it to you and ask if you understand, just say NO!!!, and remain silent. They will try to get you to speak, but don't, simply obey the instruction to sit, stand , what ever, but don't speak, it is your right to remain silent, use it.