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Miranda: You have the right to remain silent, the duty to tell the truth, and the misfortune of being questioned by a government with no such duty. “Trust me.”

April 6, 2009

SCOTUSblog offers some characteristically excellent insight into Justice Thomas’s stay of a Florida Supreme Court decision addressing the contours of the ubiquitous Miranda warning. That got Simple Justice’s Scott Greenfield thinking as he offered some spectacular suggestions concerning potential modifications to the Miranda warnings (a must read), concisely reducing the problem surrounding the efficacy of Miranda warnings to simple bullet points anyone could understand.

Finally, even the Wall Street Journal’s Law Blog chimed in on the issue.

I have nothing to add, for Scott Greenfield’s observations underscore that the problem is not Miranda, but so many other precedents, blind eyes, and realities that most of the judiciary will not acknowledge. I fear I’m becoming jaded in wondering whether it makes a difference one way or the other whether the Supreme Court takes on this “issue” when, inevitably, it will, at best, offer the illusion of fairness and justice and, at worst, affirm the reality of the criminal justice system.

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