This Note examines how state courts have interpreted state constitutional guarantees of the privilege against self-incrimination independently of the Supreme Court's construction of the fifth amendment. Part II focuses on the historical and theoretical underpinnings of state constitutional law and examines state courts'renewed reliance on their state constitutions. Part III discusses the Supreme Court's interpretation of the fifth amendment in Miranda and its progeny. Part IV presents the states' response to Supreme Court holdings and surveys state court decisions interpreting state constitutions' self-incrimination provisions more broadly than the fifth amendment. Finally, Part V examines the potential for further growth in this area of state constitutional jurisprudence and encourages state courts to develop reasoned, independent interpretations of state self-incrimination provisions.
Mary A. Crossley,
Miranda and the State Constitution: State Courts Take a Stand,
39 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol39/iss6/3