The Death of Miranda v. Arizona

Patrick J. Noonan, University of Massachusetts School of Law at Dartmouth

Abstract

On June 1, 2010, the United States Supreme Court made a watershed decision, turning its decision in Miranda v. Arizona “upside down.” In the case of Berghuis v. Thompkins, the court ruled 5 to 4 that a Michigan defendant who incriminated himself in a fatal shooting after nearly three hours of questioning gave up his right to silence, and the statement could be used against him.

This paper discusses the history and lead-up to the Supreme Court's decision in Miranda v. Arizona, the aftermath and reaction to the Supreme Court's decision in Miranda v. Arizona, the Supreme Court's resistance, conflicting philosophies, and deviation away from Miranda v. Arizona, and the Supreme Court's decision in Berghuis v. Thompkins and criticisms thereof.