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


Panel Descriptions 

Opening Remarks will be delivered Darcel D. Clark, Bronx District Attorney.

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

This panel will examine 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 will highlight the most relevant developments in neuroscience and the social sciences, examine the ways in which these insights relate to different aspects of police conduct, and analyze the implications for the laws that currently govern law enforcement practices. The panel will conclude with an analysis as to how the data might be used to develop evidence-based attempts at reform in this area.

Speakers include 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 will briefly trace the history of the constitutional rule and highlight the principles that it illustrates, thereby locating the potential tension between law enforcement and individual rights within the federal constitutional framework. The panel will then explore the ways in which policing and interrogation have evolved around Miranda while focusing on the issue of juvenile waiver of Miranda rights.

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

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

Closing Remarks