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17 U. Pa. Asian L. Rev. 1 (2022)

handle is hein.journals/etalr17 and id is 1 raw text is: MIRANDA IN TAIWAN: WHY IT FAILED AND WHY WE SHOULD CARE Shih-Chun Steven Chien In 1997, the Taiwanese legislature amended the Code of Criminal Procedure to incorporate the core of the American Miranda rule into the legal system. The Miranda rule requires police officers and prosecutors to notify criminal suspects subject to custodial interrogation of their right to remain silent and their right to retain legal counsel. In subsequent amendments, the legislature enacted a series of laws to further reform interrogation practices in the same vein. What happened next is a study in unintended consequences and the interdependence of law and culture. Using ethnographic methods and data sources collected over the past four years from 48 police officers and 99 prosecutors in metropolitan Taiwan, this Article relates a cautionary tale. Under Taiwan's abbreviated Miranda system, suspects are encouraged to cooperate and give statements under the perception that they have been, and will continue to be, treated with politeness, dignity, and respect. Police and prosecutors use the Miranda mechanism (providing dignity, respect, and voice to suspects) to build rapport with suspects and distract them from the actual consequences of their full cooperation. Such concerns were implicated at a high level in the indictment of former Taiwanese president Ma Ying-Jeou in 2018, when prosecutors publicly denounced Ma for his bad attitude in exercising his right to remain silent during prosecutorial interviews. Research Social Scientist, American Bar Foundation. For extremely valuable comments and discussions I thank Ronald J. Allen, Elliot Aronson, John J. Donohue III, John Hagan, Deborah Hensler, Hsieh Meng-Chao ( EAi), Tonja Jacobi, Saul M. Kassin, Joshua Kleinfeld, Richard A. Leo, Robert J. MacCoun, Lawrence C. Marshall, Jonathan Simon, Charles D. Weisselberg, and Franklin E. Zimring. I owe special thanks to my mentors- Lawrence M. Friedman, David A. Sklansky, and Yang Yun-Hua (M NW)-for their encouragement and guidance from the very beginning of this project. I am forever grateful for the kindness and wisdom of the late Joan Petersilia. Many thanks to the police officers, prosecutors, lawyers, media reporters, and advocates in Taiwan for sharing their stories and offering their friendships. I thank Tsai I-Tung (R #IfD J,) for her excellent research assistance. For significantly improving the piece, thank you to George D. Wilson, as well as to the superlative editors at University of Pennsylvania Asian Law Review.

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