Sunday, March 11, 2007

Miranda v. az dissent

HARLAN, J., Dissenting Opinion

SUPREME COURT OF THE UNITED STATES

384 U.S. 436
Miranda v. Arizona
CERTIORARI TO THE SUPREME COURT OF ARIZONA
No. 759 Argued: February 28-March 1, 1966 --- Decided: June 13, 1966 [*]

MR. JUSTICE HARLAN, whom MR. JUSTICE STEWART and MR. JUSTICE WHITE join, dissenting.

I believe the decision of the Court represents poor constitutional law and entails harmful consequences for the country at large. How serious these consequences may prove to be, only time can tell. But the basic flaws in the Court's justification seem to me readily apparent now, once all sides of the problem are considered.

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