The Erosion of Miranda

In Vega v. Tekoh, the U.S. Supreme Court held, in part, that the jury could not be required to find Tekoh’s Fifth Amendment rights were violated because Miranda warnings are not rights but rather judicially crafted rules, which opens the door for overruling Miranda altogether.

The Vega decision will have a stronger impact on young defendants, the intellectually disabled, racial minorities, immigrants, and anyone unfamiliar with the criminal justice system and more prone to coercion.

And this was in 2014.

Imagine being Mahmoud Khalil right now and talking about the Fifth Amendment. You’re lucky if you can invoke the Suspension Clause.