Miranda v. Arizona and the Fifth Amendment Under the Burger Court
Szczesny, Michael A.
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I have limited this inquiry to the examination of the exclusionary rule in its Fifth Amendment context. This thesis is devoted to the discussion of the important cases to reach the Court implicating important Fifth Amendment Issues. First, an introduction to the precedent which has been called revolutionary and which set forth clear procedures to protect both the rights of the individual and the government's interest in bringing Society's criminal element to justice will be presented. Second, the case law which developed in reaction to this precedent will be discussed. To reach this end, I have broken the period corresponding to Warren Burger's tenure into segments according to the "natural Court method," periods which are punctuated by the arrival and departure of members of the Court. Finally a brief conclusion with an eye toward where the accumulated developments of the past thirty years are pointing us, given all of the pressing issues of our time.If you are not a current K College student, faculty, or staff member, email firstname.lastname@example.org to request access to this SIP.