La capitis deminutio dei Miranda rights: la diffidenza nei criteri processuali di origine giurisprudenziale e il dibattito sulle regole di profilassi costituzionale

Abstract

The article takes inspiration from the refusal of the US Supreme Court to consider violations of the Miranda rights as valid causes of actions under §1983 to discuss the status of the rules introduced by the Court to ensure the actual implementation of the Fifth Amendment guarantee against forced self-incrimination. Due account is given to the scholarly debate concerning the existence of prophylactic rules in constitutional law and to the role of lawmakers and judges in shaping individual guarantees in criminal proceedings.