NCJ Number
11014
Date Published
1972
Length
110 pages
Annotation
RELEVANT ISSUES IN MIRANDA SITUATIONS WITH A COMPILATION OF FACTS, POLICIES, AND CASE LAW.
Abstract
THE SUPREME COURT'S DECISION IN MIRANDA V ARIZONA, REQUIRING POLICE TO INFORM SUSPECTS OF THEIR RIGHTS BEFORE CUSTODIAL INTERROGATION, HAS BEEN THE LAW SINCE 1966. HOWEVER, ITS APPLICATIONS IN VARIOUS FACT SITUATIONS AND ITS IMPLICATIONS FOR LAW ENFORCEMENT ARE STILL BEING DECIDED BY THE COURTS. THE AUTHOR NOTES THAT THE SIGNIFICANT ISSUES IN MIRANDA REVOLVE AROUND THE MEANING OF FOUR WORDS - CUSTODY, INTERROGATION, WARNING, AND WAIVER. THE BACKGROUND AND REASONING OF THE COURT'S DECISION ARE BRIEFLY REVIEWED. THE REMAINDER OF THE DISCUSSION IS DEVOTED TO INDIVIDUAL TREATMENTS OF THE MANY QUESTIONS RAISED BY MIRANDA SITUATIONS. 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 THE 'FRUIT OF A POISONED TREE'. 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, AND WHETHER A SECOND INTERROGATION OR MULTIPLE INTERROGATIONS ARE CONSISTENT WITH MIRANDA. CASE CITATIONS ARE PROVIDED THROUGHOUT. (AUTHOR ABSTRACT MODIFIED) (SNI ABSTRACT)