Miranda v Arizona
Concurrence Dissent (Clark), Introduction אConcurrence Dissent (Clark), אIntroduction
1 א

MR. JUSTICE CLARK, dissenting in Nos. 759, 760, and 761, and concurring in the result in No. 584.

2 ב

It is with regret that I find it necessary to write in these cases. However, I am unable to join the majority because its opinion goes too far on too little, while my dissenting brethren do not go quite far enough. Nor can I join in the Court's criticism of the present practices of police and investigatory agencies as to custodial interrogation. The materials it refers to as "police manuals"[1]E.g., Inbau & Reid, Criminal Interrogation and Confessions (196); O'Hara, Fundamentals Of Criminal Investigation (1956); Dienstein, Technics for the Crime Investigator (1952); Mulbar, Interrogation (1951); Kidd, Police Interrogation (1940). are, as I read them, merely writings in this field by professors and some police officers. Not one is shown by the record here to be the official manual of any police department, much less in universal use in crime detection. Moreover, the examples of police brutality mentioned by the Court[2]As developed by my Brother HARLAN, post pp. 506-514, such cases, with the exception of the long-discrSyllabus & Opinions Only in Bram v. United States, 168 U.S. 532 (1897), were adequately treated in terms of due process. are rare exceptions to the thousands of cases [p500] that appear every year in the law reports. The police agencies — all the way from municipal and state forces to the federal bureaus — are responsible for law enforcement and public safety in this country. I am proud of their efforts, which, in my view, are not fairly characterized by the Court's opinion.