Miranda v. Arizona · ¶159

Finally, the cases disclose that the language in many of the opinions overstates the actual course of decision. It has been said, for example, that an admissible confession must be made by the suspect “in the unfettered exercise of his own will,” Malloy v. Hogan, 378 U. S. 1, 8, and that “a prisoner is not ‘to be made the deluded instrument of his own conviction,’ ” Culomhe v. Connecticut, 367 U. S. 568, 581 (Frankfurter, J., announcing the Court’s judgment and an opinion). Though often repeated, such principles are rarely observed in full measure. Even the word “voluntary” may be deemed somewhat misleading, especially when one considers many of the confessions that have been brought under its umbrella. See, e. g., supra, n. 5. The tendency to overstate may be laid in part to the flagrant facts often before the Court; but in any event one must recognize how it has tempered attitudes and…

U. S. Reports, bound volume
U. S. Reports, volume 384, at 436 (Library of Congress) · transcription: Caselaw Access Project
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