Are Miranda warnings required to protect a person's Fifth Amendment privilege?

MultiRegion, United States of America

The following excerpt is from Baumann v. U.S., 692 F.2d 565 (9th Cir. 1982):

The majority seems to suggest that something more than custodial interrogation is necessary before Miranda warnings are required to protect a person's Fifth Amendment privilege. Maj. Op., at 576-577. Miranda, to the contrary, clearly states that certain prescribed warnings should be given before custodial interrogation takes place. Miranda v. Arizona, 384 U.S. 436, 444-45, 86 S.Ct. 1602, 1612-1613, 16 L.Ed.2d 694 (1966).

The majority also holds "that a routine presentence interview of an individual convicted of a noncapital federal offense is not ... a critical stage of the proceeding in which counsel's presence, or advice, is necessary to protect the defendant's right to a fair trial"--which I assume includes fair sentencing procedures. Maj. Op., at 578. I disagree with this view. As a practical matter, the presentence interview with the probation officer is an important and critical stage of the proceedings. The results of the interview could have significant effects on the probation officer's recommendations and on the ultimate sentence imposed on the defendant by the court. Defense attorneys worth their salt know the importance of a favorable presentence report and are aware of the necessity of advising and counselling their client before the interview, the results of which might settle the client's fate. See United States v. Wade, 388 U.S. 218, 224, 87 S.Ct. 1926, 1930, 18 L.Ed.2d 1149 (1966).

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