What is the current state of the law in relation to the Miranda safeguards?

MultiRegion, United States of America

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

Miranda was, and remains, a prophylactic device designed to protect the exercise of Fifth Amendment rights by criminal defendants. Absent procedural safeguards, custodial interrogation "contains inherently compelling pressures which work to undermine the individual's will to resist and compel him to speak where he would not otherwise do so freely." Miranda v. Arizona, ....

United States v. Booth, supra, 669 F.2d at 1237. The Miranda safeguards, therefore, cannot be divorced from the practical concerns and policy considerations which gave rise to that seminal decision. See Beckwith v. United States, supra, 425 U.S. at 345-48, 96 S.Ct. at 1615-1617. Custodial interrogation

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