Faculty Journal Articles and Book Chapters

Abstract

The landmark decision of Miranda v. Arizona focuses on the important values of adversarial testing and human dignity. These values can be found among a constellation of values ordinarily aligned with constitutional criminal procedure cases like Miranda. The constellation also includes values such as truth-finding and equality. With the regularization of DNA analysis and the realization that a large number of innocent people have been convicted, however, there has been a recent fixation on truth-finding. Other values have been overshadowed. The myopic pursuit of truth-finding may be somewhat misguided, as certainty of truth is generally impossible. This is recognized by our truth-beyond-a-reasonable-doubt standard of proof in criminal cases. Although truth-finding is important, adversarial testing and human dignity remain essential, and it is crucial that these values not be sacrificed by exclusive concentration on the alluring value of truth-finding.

Publication Title

Northern Kentucky Law Review

Document Type

Article

Keywords

Miranda, truth, confession, false confession, truth-finding, dignity, equality, adversarial testing, adversarial system, adversarial process

Download

Link to SSRN

COinS