The Future of Miranda: Police Practices and Power in the Modern Legal Landscape


Panel Descriptions 

Opening Remarks were delivered by Darcel D. Clark, Bronx District Attorney.

Panel 1: “Understanding Coercion: Developments in Neuroscience and Social Sciences”

This panel examined a body of scientific developments that have unfolded in the decades since the Court decided Miranda that bear on the topics of bias and coercion in police interrogations. Drawing on this data, panel participants highlighted the most relevant developments in neuroscience and the social sciences, examined the ways in which these insights relate to different aspects of police conduct, and analyzed the implications for the laws that currently govern law enforcement practices. The panel concluded with an analysis as to how the data might be used to develop evidence-based attempts at reform in this area.

Speakers included Stephen Schulhofer (moderator), Dr. Laura Smalarz, Dr. Eric
Drogin, and Karen Newirth.

Panel 2: “Interrogating Youth: Juvenile Waiver of Miranda Rights”

To begin, this panel briefly traced the history of the constitutional rule and highlighted the principles that it illustrates, thereby locating the potential tension between law enforcement and individual rights within the federal constitutional framework. The panel then explored the ways in which policing and interrogation have evolved around Miranda while focusing on the issue of juvenile waiver of Miranda rights.

Speakers included Chantá Parker (moderator), Marsha Levick, Krisin Henning, and
Kate Rubin.

Panel 3: “State of the Court: The Supreme Court and the Reality of Criminal Justice”

This panel sought to understand how the Supreme Court incorporates (or doesn’t incorporate) the realities of the criminal justice system. The discussion began by focusing on Miranda and related cases including Montejo, Salinas, and Berghuis. The panel then applied this framework to examine how the Court incorporates criminal justice realities in Fourth Amendment cases, while specifically focusing on Riley, Strieff, and Heien.

Speakers included Ames Grawert (moderator), Ting Ting Cheng, and Timothy Koller.

Closing Remarks