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
Recommended Citation
Meghan J. Ryan, Miranda's Truth: The Importance of Adversarial Testing and Dignity in Confession Law, 43 N. KY. L. REV. 413 (2016)
