Article: Questioning the Question-Proof Inmate: Defining Miranda Custody for Incarcerated Suspects Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your® ID to access the full text of this article.
Order the full text of this article if you do not have a® ID.
US $22.00 (+ tax)

Copyright (c) 1997 Ohio State Law Journal
Ohio State Law Journal

Article: Questioning the Question-Proof Inmate: Defining Miranda Custody for Incarcerated Suspects


58 Ohio St. L.J. 883


Laurie Magid *


Some lower courts have held that when a defendant who invoked his Fifth Amendment right to counsel during police investigation is convicted of a crime and goes to jail, that invocation renders the prisoner question-proof for the entire period of his incarceration. These courts view continuous incarceration as continuous Miranda custody. As a result, police may not question the prisoner about any crime, no matter how much time has passed since the prisoner's invocation, even if the subject matter of the questioning is totally unrelated to the crime for which the prisoner is serving a sentence. The United States Supreme Court has recently expressed an interest in considering whether these prisoners are really question-proof.

Professor Magid argues that this holding is both unnecessary and unwise. Under a more sensible approach, incarceration is not necessarily equivalent to Miranda custody. This approach strikes the proper balance between individual rights and the law enforcement needs of society. A prisoner is in Miranda custody only when some additional restraint, not normally encountered in prison life, is imposed upon him by investigators. Under this view, police would be permitted to approach the prisoner and question him, but only if they first provide the Miranda warnings once again.

I. Introduction

Miranda v. Arizona 1 has become a maze 2 in which police officers, lawyers, and judges are left to wonder why Miranda places flexible restraints on some paths of police investigation but absolute roadblocks on others. 3 This Article examines one ...
If you are interested in obtaining a® ID and Password, please contact us at 1-(800)-227-4908 or visit us at
Search Documents
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

LexisNexis Store
Research Now - Go to
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities