Miranda at 50: A Psychological Analysis

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Abstract

In 1966, the U.S. Supreme Court handed down a controversial ruling in Miranda v. Arizona, which required police to inform suspects, prior to custodial interrogation, of their constitutional rights to silence and to counsel. In commemoration of the 50th anniversary of Miranda, we present a psychological analysis of the Court’s ruling. We show how the Court’s assumption that the provisions of the Miranda ruling would enable suspects to make knowing, intelligent, and voluntary decisions regarding whether to invoke or waive their constitutional rights has not been borne out by scientific research. Hence, we argue that even well-adjusted, intelligent adults are at risk of succumbing to police pressure during custodial interrogation. We conclude with policy implications and directions for future Miranda research.

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Smalarz, L., Scherr, K. C., & Kassin, S. M. (2016). Miranda at 50: A Psychological Analysis. Current Directions in Psychological Science, 25(6), 455–460. https://doi.org/10.1177/0963721416665097

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