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In Illinois v. Perkins, the Court recognized limitations to the rule announced in Miranda. Perkins was an example of a custodial interrogation that created no compulsion. Since Miranda was not intended to protect individuals from themselves, the Court held there was no need to advise Perkins of his Miranda rights prior to his conversation with an undercover police officer. This decision allowed la…
In his opinion for the majority, Justice Kennedy wrote that Miranda warnings are not required when the suspect is unaware that he is speaking to a law enforcement officer and gives a voluntary statement. Miranda v. Arizona, gave rise to the Miranda warnings that are read to suspects when they are arrested. The warnings state that the person has a right to remain silent and that whatever a person s…
Justice Brennan wrote a concurring opinion. He agreed that when a suspect does not know that his questioner is a police agent, the questioning does not amount to "interrogation" in an "inherently coercive" environment and thus does not require the Miranda warnings. However, Brennan felt that the deception and manipulation practiced on Perkins raised a substantial claim that the confession violated…
Justice Marshall dissented. He noted that the conditions that require the police to read a suspect the Miranda warnings--custodial interrogation conducted by an agent of the police--were present in Illinois v. Perkins. Because Perkins did not receive his Miranda warnings before he was subjected to custodial interrogation, his confession should be inadmissible. The majority's creation of an excepti…
Legal scholars have debated the legality and propriety of using cellmate informants. Some scholars find the practice a strategic deception that takes advantage of a suspect's misplaced trust in a person he thinks is a fellow prisoner. Others view the use of cellmate informants as offensive to a civilized system of justice. Law enforcement officers find that the use of cellmate informants is a meth…
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