CONFESSIONS AND INTERROGATIONS AFTER MIRANDA, A COMPREHENSIVE GUIDELINE OF THE LAW

• NCJ Number: 7135
• Author(s): ANON
• Date Published: 1970
• Length: 72 pages
• Corporate Author: National District Atorneys Assoc
• Sale Source: National District Atorneys Assoc
• Language: English
• Country: United States of America

Annotation

MANUAL FOR LAW ENFORCEMENT PERSONNEL WHICH EXPLAINS THE SUPREME COURT DECISION BY ISOLATING THE MAJOR CASE ISSUES AND APPLYING THEM TO PARTICULAR FACTS AND CIRCUMSTANCES.

Abstract

THE MIRANDA DECISION GIVES RISE TO MANY ISSUES BUT, ROUGHLY SPEAKING, THEY FALL INTO TWO CATEGORIES. THE FIRST GENERAL ISSUE IS WHETHER MIRANDA REQUIREMENTS ARE APPLICABLE TO THE PARTICULAR CASE. UNDER THIS GENERAL HEADING ARE QUESTIONS OF WHETHER THE DEFENDANT WAS IN CUSTODY, WHETHER HIS STATEMENTS WERE THE PRODUCT OF INTERROGATION, WHETHER THE INTERROGATOR WAS A POLICEMAN OR POLICE AGENT, WHETHER THE SERIOUSNESS OF THE OFFENSE IS SIGNIFICANT, AND WHETHER THERE IS A PROBLEM WITH ILLEGAL POLICE CONDUCT. THE SECOND GENERAL ISSUE IS WHETHER MIRANDA REQUIREMENTS HAVE BEEN MET IN CASES WHERE THEY ARE APPLICABLE. UNDER THIS GENERAL HEADING ARE QUESTIONS OF WHETHER THE WARNINGS WERE ADEQUATE, WHETHER WAIVER OF RIGHTS IS CLEARLY SHOWN, WHETHER THE SUSPECT WAS COMPETENT TO WAIVE, WHETHER A SECOND INTERROGATION OR MULTIPLE INTERROGATIONS ARE CONSISTENT WITH MIRANDA. AUTHOR ABSTRACT