POLS 4720 Lecture Notes - Lecture 5: Fifth Amendment To The United States Constitution, Precedent, Antonin Scalia

• School: University of Georgia
• Department: Political Science
• Course: POLS 4720
• Professor: Newton

Document Summary

3501 which provided that confessions are admissible in federal courts if they are voluntarily given. 530 u. s. 428 (2000), the court held that 3501 is unconstitutional. The court noted that the miranda opinion (cid:858)(cid:858)is replete with statements indicating that the majority thought it was announcing a constitutional rule,(cid:859)(cid:859) and concluded that, (cid:858)(cid:858)co(cid:374)gress may not legislatively supersede our decisions interpreting and applying the co(cid:374)stitutio(cid:374). (cid:859)(cid:859) The court found that, (cid:858)(cid:858)the miranda decision was based on the assumption that (cid:858)so(cid:373)ethi(cid:374)g more than the [due process] totality test was (cid:374)ecessary(cid:859) to prevent involuntary custodial confessions. The court says that miranda is a constitutional rule. The case seems to walk a fine line between what is required by the fifth amendment and saying that miranda is a constitutional rule. Scalia argues that if it is required by the fifth amendment, there can be no exceptions (public safety).