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Dickerson v. United States: The Case That Disappointed Miranda's Critics--and Then Its Supporters

Yale Kamisar, University of San Diego School of Law

Abstract

It is difficult, if not impossible, to discuss Dickerson v. United States intelligently without discussing Miranda, whose constitutional status Dickerson reaffirmed (or, one might say, resuscitated). It is also difficult, if not impossible, to discuss the Dickerson case intelligently without discussing cases the Court has handed down in the five years since Dickerson was decided. The hard truth is that in those five years the reaffirmation of Miranda’s constitutional status has become less and less meaningful.

In this paper I want to focus on the Court’s characterization of statements elicited in violation of the Miranda warnings as not actually “coerced” or “compelled” but obtained merely in violation of Miranda’s “prophylactic rules.” This terminology has plagued the Miranda doctrine and puzzled and provoked many commentators since then-Justice Rehnquist utilized this label to describe and to diminish Miranda – and he was the first Justice ever to do so – thirty-one years ago

Subject Area

Civil Rights, Constitutional Law, Courts, Criminal Law and Procedure, Evidence, Public Law and Legal Theory

Recommended Citation

Yale Kamisar, "Dickerson v. United States: The Case That Disappointed Miranda's Critics--and Then Its Supporters" (June 2005). University of San Diego Legal Working Paper Series. University of San Diego Public Law and Legal Theory Research Paper Series. Working Paper 33.
http://law.bepress.com/sandiegolwps/pllt/art33

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