In Chapter 8, the case Miranda vs. Arizona is covered. Under the Case Topic: Does the Fifth Amendment
apply to custodial interrogations, you will need to read the case, opinion, and dissent and answer the following
questions:
Questions
According to SCOTUS, what do the words “custody” and “interrogation” mean?
Why is custodial interrogation “inherently coercive,” according to the majority?
Identify and explain the criteria for waiving the right against self-incrimination in custodial interrogation.
On what grounds do the dissenters disagree with the majority’s decision? What interests are in conflict,
according to the Court?
How do the majority and the dissent explain the balance of interests established by the Constitution?
Which is more consistent with the relevant criminal procedures ideals regarding the law of police interrogation,
the majority’s bright-line rule, requiring warnings, or the dissent’s due process test, weighing the totality of
circumstances on a case-by-case basis? Defend your answer.