Because the Fifth Amendment concerns voluntariness, whether Miranda should at the least be modified to an adjudicatory device rather than a rule of law so that a failure of some sort with regard to Miranda creates a rebuttable presumption of involuntariness, allowing admission of the statement if it is demonstrated to be voluntary; that is, not taken in violation of the actual Fifth Amendment.

Whether a reference to counsel after Miranda warnings for reasons unrelated to cutting off questions is an "invocation" of the Miranda right to counsel, and whether clarifying police questions concerning the taking of a polygraph to which a reasonable person would not expect an incriminating response constitute further interrogation.

Whether Miranda warnings should be modified to create a rebuttable presumption of involuntariness rather than an irrebuttable rule of law, and whether a reference to counsel during a polygraph discussion constitutes an unequivocal invocation of Miranda rights