You Have the Right To Remain Silent. Now Please Repeat Your Confession: Missouri v. Seibert and the Court's Attempt To Put an End to the Question-First Technique

Abstract

This case note first briefly and generally examines the history, beginning in England, of the present-day Fifth Amendment right against self incrimination. In particular, it traces the development of the right in the custodial interrogation context from Miranda v. Arizona, to the successive confession case of Oregon v. Elstad, to the split in the circuits that followed. Part III analyzes in some detail the Court's recent decision in Missouri v. Seibert, with an emphasis on distinguishing between the approaches taken by the plurality, concurring, and the dissenting Justices. This section also discusses some of the highlights and criticisms of the approaches advocated in each opinion. In part IV, this note examines cases applying Seibert to illustrate its impact on lower courts thus far, and those courts' attempts to formulate a workable rule. The article concludes by evaluating the potential impact on law enforcement and the actual impact of the ruling on the person described in the opening, Patrice Seibert.