摘要：After 44 years, the Miranda decision stands as a monolith in police procedure.1 Its requirements are so well known that the Supreme Court remarked, “Miranda has become embedded in routine police practice to the point where the warnings have become part of our national culture.”2 And, although the Supreme Court has clarified and refined Miranda over the years, its central requirements are clear.3 Whenever the prosecution seeks in its direct case to introduce a statement made by a suspect while in custody and in response to interrogation, it must prove that the subject was warned of specific rights and voluntarily waived those rights.4 The penalty imposed on the prosecution for failing to prove that the Miranda procedures were properly followed is harsh. While some secondary and limited uses of statements obtained in violation of Miranda are permitted, such statements are presumed to be coerced and cannot be introduced by the prosecution in its direct case.5.
