Legal Opinion · Dissent

State v. Oney

Supreme Court of Vermont

Decided November 25, 2009No. 2007-367Published

1Dissent

*67Johnson, J.,

¶20. dissenting. Requiring officers to apprise persons in police custody of their rights acts as a check on the use of coercive interrogation tactics in situations where the balance of power tilts heavily in favor of law enforcement. The Supreme Court in Miranda was particularly concerned with the potential for compelled speech that exists when an individual is “swept from familiar surroundings into police custody, surrounded by antagonistic forces, and subjected to . . . techniques of persuasion.” Miranda v. Arizona, 384 U.S. 436, 461 (1966). In its narrow analysis of what…

2Cases cited24 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Berkemer v. McCartySupreme Court of the United States · 1984
  3. Oregon v. MathiasonSupreme Court of the United States · 1977
  4. Stansbury v. CaliforniaSupreme Court of the United States · 1994
  5. Thompson v. KeohaneSupreme Court of the United States · 1995

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