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The article Miranda Revisted: Dickerson v. United States by Thomas Petrowski - Essay Example
The article "Miranda Revisted: Dickerson v. United States" by Thomas Petrowski examines the issue of Dickerson v United States case and discusses its implication for the law enforcement. It starts with the quotation from Fifth Amendment of Constitution which says that the person cannot be a witness against himself…
The author provides the factors under which the confession is considered to be voluntary. The section of passage 3501 is used to protect the rights of convicts, however, despite of this passage the law enforcement agencies followed the ruling in Miranda.
On the page 27 the author summarizes the details of Dickerson case: Dickerson was aware of the rights granted to him by Miranda ruling and has waived them in the written form. However, as the investigation went further, he has notified that has confessed before he received the Miranda warning. The major point was not that the confession was voluntary, but whether it was in fact given before Miranda warning. As the result the case was transferred to US Supreme Court. "The Court not only affirmed Miranda but also declared it a Constitutional rule" (Petrowski 28).
The next section is headed "Practical implication: Civil liability" is which the author investigates the "potential civil liability of individual law enforcement officers and their departments resulting from intentional violations of the warning requirements mandated in Miranda" (Petrowski 28). ...