Formalism in the judicial system : with a focus on the Miranda decision : an honors thesis (HONRS 499)

This topic was selected in response to Benjamin D. Ice's reading of Guilty: The Collapse of Criminal Justice (1996), by Judge Harold Rothwax. The issues raised in this book inspired Ben's study into the Supreme Court's effect on the efficiency and reliability of criminal justice. With apprehensions in. regards to the necessity of the exclusionary rule as the remedy for police misconduct, Ben initially set out to critique the controversial decision of Miranda v. Arizona (1966). Throughout his study of the available empirical data, though, the focus of his thesis became more objective, and Ben tries to present this information in an impartial and complete study.This thesis begins with a focus on the two potential goals of the United States criminal justice system, crime control and due process guarantees. The thesis then studies the actual Miranda decision, presenting the underlying arguments. Finally, it compiles the empirical studies done on Miranda's impact and presents them to the reader.