For the last several decades, Illinois courts have followed a wise policy of refusing to accept Miranda waivers from suspects whose mental deficiencies have prevented them from knowingly understanding their rights. Yet, it is possible that the United States Supreme Court may be ready to reject this position and hold as a matter of federal law that a suspect's waiver cannot be found invalid based merely on the suspect's subjective state of mind without some objective showing of coercive police action. Regardless of what the Supreme Court may eventually decide, this essay urges Illinois courts to retain its current procedure as part of state law.
Northern Illinois University Law Review
O'Neill, Timothy P.
"Illinois Courts and the Law of Miranda Waivers: A Policy Worth Preserving,"
Northern Illinois University Law Review: Vol. 30:
2, Article 2.
Timothy P. O'Neill, Illinois Courts and the Law of Miranda Waivers: A Policy Worth Preserving, 30 N. Ill. U. L. Rev. 429 (2010).