Does the Miranda rule apply to general questioning of a suspect in a criminal investigation?

"New York", United States of America

The following excerpt is from People v. Alls, 608 N.Y.S.2d 139, 629 N.E.2d 1018, 83 N.Y.2d 94 (N.Y. 1993):

Such an outcome is inconsistent with both the underlying purpose of Miranda--curbing coercive interrogation by investigators--and with the plain language of the decision: "General on-the-scene questioning as to facts surrounding a crime or other general questioning of citizens in the fact-finding process is not affected by our holding" (Miranda v. Arizona, 384 U.S. 436, 477, 86 S.Ct. 1602, 1629, supra). Therein lies the dilemma posed by this case: On the one hand, general questioning and fact finding expressly fall outside the Miranda rule, for such inquiries serve important public purposes and do not implicate concerns of coercion. On the other, when the incident being investigated has occurred inside prison walls, the general questioning and fact finding necessarily take place in a custodial setting where concerns about coercion may be implicated.

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