HANDCUFFING THE COPS - A 30-YEAR PERSPECTIVE ON MIRANDAS HARMFUL EFFECTS ON LAW-ENFORCEMENT

Citation
Pg. Cassell et R. Fowles, HANDCUFFING THE COPS - A 30-YEAR PERSPECTIVE ON MIRANDAS HARMFUL EFFECTS ON LAW-ENFORCEMENT, Stanford law review, 50(4), 1998, pp. 1055-1145
Citations number
344
Categorie Soggetti
Law
Journal title
ISSN journal
00389765
Volume
50
Issue
4
Year of publication
1998
Pages
1055 - 1145
Database
ISI
SICI code
0038-9765(1998)50:4<1055:HTC-A3>2.0.ZU;2-Z
Abstract
After the Supreme Court's 1966 decision irt Miranda v. Arizona, critic s charged that it would ''handcuff the cops.'' In this article, Profes sors Cassell and Fowles find this claim to be supported by FBI data on crime clearance rates. National crime clearance rates fell precipitou sly in the two years immediately after Miranda and have remained at lo wer levels in the decades since. Multiple regression analysis reveals that other possibly confounding factors-such as the rising crime rate and baby boom children reaching crime prone-years in the 1960s-do not account for much of the post-Miranda decline in clearance rates. Rathe r, the cause of the decline was most likely the Supreme Court's broad new restrictions on police questioning. The authors conclude that Mira nda has in fact ''handcuffed'' the police and that society should begi n to explore ways of loosening these shackles.