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What are the obstacles to implementation?
In February 2010, the Supreme Courtroom revisited the difficulty of requestioning in Maryland v. Shatzer. In 2003, police had been investigating Michael Shatzer, who was in prison for a prior conviction. When a police detective tried to question Shatzer, he invoked his right to an lawyer. The interview was stopped and Shatzer returned to prison.
Justice Scalia, writing for almost all, expressed distaste for deterring voluntary confessions, an “unmitigated good.” The Courtroom concluded that Miranda protections are sufficient even when the suspect has requested an lawyer and is later reinterrogated without an lawyer present, as long as there’s a break in custody lengthy sufficient to dissipate the coercive effects of being in custody.
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