Legal Question in Criminal Law in California
I have a family member being questioned regarding a homicide from 1964. My question is this. Does Miranda apply now when questioned about a crime committed back when it was not applicable. I ask this because the sentencing options can only be considered from those that were available at the time.
2 Answers from Attorneys
Yes, Miranda applies now. Substantive law (as in the charge and sentencing) that applies is when the crime took place. The procedural law (things like Miranda, etc.) that applies is current law.
So yes, even though the Miranda decision didn't come into play until 1966, it applies to contemporary questioning regarding a case that predates the Miranda decision.
But more importantly, your family member should NOT be talking to law enforcement without an attorney. I can't stress that strongly enough.
Conduct that occurs today is subject to the laws in effect today. Conduct that occurred in the past is subject to the laws that were in effect at the time. So an interrogations today would be governed by Miranda if it concerns a crime which predates that decision, while the crime itself would be subject to the penalties that were in effect when it was committed.
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