Question

Assume that the state legislature of Kansas passes a law providing that confessions are admissible in state court criminal cases as long as they are voluntary, even without the Miranda warnings. Is that law constitutional? Cite a case precedent and reasons for your answer.

Answer 1

This law is unlikely to be constitutional.

The Miranda warning is a type of notification that is given to criminal suspects who are in custody. This warning advises them of their right to remain silent, and that they are allowed to refuse answering questions or providing information to authorities. A case precedent that would support this instance is Berkemer v. McCarty (1984). In this case, it was established that a person stopped, even for a misdemeanour, should receive the protections of the Fifth Amendment once in custody, regardless of how serious the offense is.