Abstract
A criminal defendant’s Fifth Amendment right against self-incrimination is a right that has traditionally been protected by judicially-created prophylactic rules. Included among these rules is the presumption that any statement given by an accused while in custody after he or she has invoked the right to have an attorney present is involuntary and should not be used as evidence against the defendant in a criminal proceeding. Recently, the United States Supreme Court chose to significantly limit the presumption of involuntariness in custodial interrogation by holding that the presumption lasts for only fourteen days. This Note examines Maryland v. Shatzer in light of the prophylactic rule it establishes, as well as how the rule may yield to exceptions in the future. This Note calls attention to the arbitrary rule created by the Supreme Court and questions whether the Court properly promulgated a prophylactic rule according to its own precedential guideline.
Recommended Citation
Jessica A. Davis,
Another Tweak to Miranda: The Supreme Court Significantly Limits the Edwards Presumption of Involuntariness in Custodial Interrogation,
36
S. Ill. U. L.J.
593
(2012).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol36/iss3/6