NCJ Number
15828
Journal
St Louis University Law Journal Volume: 17 Issue: 4 Dated: (SUMMER 1973) Pages: 572-583
Date Published
1973
Length
12 pages
Annotation
DISCUSSION OF WAYS IN WHICH MISSOURI AND FEDERAL CASE LAW HAS LIMITED THE APPLICABILITY OF MIRANDA AND ITS EFFECT ON THE USE OF INTERROGATION FOR CRIME-SOLVING PURPOSES.
Abstract
VARIED JUDICIAL INTERPRETATIONS OF MIRANDA ARE DISCUSSED IN REGARDS TO THE MEANING OF 'CUSTODIAL INTERROGATION' (AS OPPOSED TO 'PRE-CUSTODY INQUIRIES') AND THE QUANTUM OF PROOF OR TYPES OF CIRCUMSTANCES NECESSARY TO PROVE A VALID WAIVER OF RIGHTS. COURT DECISIONS CONCERNING THE RULE REQUIRING CONSTITUTIONAL WARNING BEFORE INTERROGATION, THE ACCUSED'S EXPRESSION OF A DESIRE TO TERMINATE THE INTERROGATION, AND VOLUNTARY STATEMENTS MADE TO THIRD PERSONS ARE ALSO CITED. IN ADDITION, THE IMPLICATIONS OF THE 1971 SUPREME COURT RULING IN HARRIS V. NEW YORK ARE CONSIDERED. THIS RULING STATED THAT A CONFESSION JUDGED INADMISSIBLE BECAUSE OF POLICE FAILURE TO GIVE REQUIRED WARNINGS CAN STILL BE USED FOR IMPEACHMENT PURPOSES TO ATTACK THE CREDIBILITY OF THE DEFENDANT'S TESTIMONY.