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Criminal,
Constitutional Law

Jan. 10, 2000

Gavel Struggle

Overruling Miranda would mean an unpredictable inquiry in each case as to whether a confession was voluntary under the totality of the circumstances.

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).

By Erwin Chemerinsky
         In 1968, Congress attempted to overrule Miranda v. Arizona, 384 U.S. 436 (1966) by enacting a statute that allows voluntary confessions to be used as evidence even if Miranda warnings were not properly given. For over 30 years, this law, 18 U.S.C. Section 3501, has not been invoked because every Justice Department has concluded that it is unconst...

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