Devon Miller v. Superintendent, Shawangunk Correctional Facility
CriminalProcedure HabeasCorpus
Whether the Fifth Amendment privilege against self-incrimination applies during custodial interrogation
No question identified. : (1). The court first core constitutional holding in Miranda v. Arizona was to confirm that the Fith Amendment privilege serves to protect all persons in all settings in which their freedom a of action(s) is curtailed in any significant way from being compeiled to incriminate themselves. This privilege is clearly embodied during compulsion exerted by law enforcement during custodial interrogation (2). This court landmark decision in Miranda v. Arizona is the bedrock against self-incrimination, and the statue is clear that confessions should be voluntarily given and the Fifth amendment privilege against self-incrimination is full applicable during custodial interrogation. (3). The Fith amendment privilege against self-incrimination is not soley a privilege to be free from abuse at the police precinct but its also a privilege not to become an unwitting or unwilling witness against ones-self while being subjected to the pressures inherent during custodial interrogation.