OPINION ANALYSIS
Tantamount to nothing: Miranda “rights” can(not) be wronged
On Thursday, the Supreme Court released its opinion in Vega v. Tekoh, in which a 6-3 court held that a violation of Miranda v. Arizona does not provide a basis for civil damages under 42 U.S.C. § 1983. The majority’s decision both hobbles Miranda’s enforceability and unceremoniously strips the Constitution’s Fifth Amendment right against compelled self-incrimination of Miranda’s prophylactic protection, heretofore regarded as criminal procedure canon in American law. Specifically, the Vega majority held that governmental violation of Miranda – an undisputed “constitutional decision” that adopted a “constitutional rule” that is “constitutionally based” and has “constitutional underpinnings” – is not a violation of the Constitution. In other words: The government can violate Miranda without the threat of civil penalty, as the only remedy to right the government’s wrong is an evidentiary fix at trial: suppression of any confession obtained in violation of Miranda. Accordingly, Miranda is only an evidentiary trial rule, not a substantive constitutional right.
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