In what significant ways has the original Miranda decision been modified, and what is its long-term outlook, given the shifting composition of judges on the Supreme Court?

What will be an ideal response?


Several recent Supreme Court cases have modified Miranda. These include:

The ruling that after police officers obtain a valid Miranda waiver from a suspect, they may continue questioning the suspect when he or she makes an ambiguous or equivocal request for counsel during questioning.
When a suspect unequivocally requests counsel, all questioning must cease but the Court has held that when the suspect mentions an attorney, the officers need not interrupt the flow of the questioning to clarify the reference but may continue questioning until there is a clear assertion of the right to counsel.
Suspects’ mere silence (when they do not expressly waive their Miranda rights) does not mean they intend to invoke Miranda.

The current trend expected from the Supreme Court is toward the crime-control model, which emphasizes the needs of society over the rights of the victim. In the case of Miranda, this suggests that we may see a continued erosion of Miranda.

Criminal Justice

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