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Miranda v. Arizona (No. 759) 384 U.S. 436 [DISSENTING OPINION]

Miranda v. Arizona (No. 759) 384 U.S. 436

384 U.S. 436 | 1966-06-13


Dissent

HARLAN, J., Dissenting Opinion

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.

I. INTRODUCTION

At the outset, it is well to note exactly what is required by the Court's new constitutional code of rules for confessions. The foremost requirement, upon which later...