CUSTODIAL POLICE INTERROGATION IN OUR NATION'S CAPITOL - THE ATTEMPT TO IMPLEMENT MIRANDA

• NCJ Number: 4882
• Journal: Michigan Law Review Volume: 66 Issue: 7 Dated: (MAY 1968) Pages: 1347-1422
• Author(s): R J Medalie; L Zeitz
• Date Published: 1968
• Length: 76 pages
• Corporate Author: Michigan Law Review Assoc
• Publication Format: Article

Annotation

REPORT ON A PROJECT USING VOLUNTEER ATTORNEYS WHO WERE ON CALL 24 HOURS A DAY TO PROVIDE COUNSEL FOR SUBJECTS OF POLICE QUESTIONING.

Abstract

THE STUDY IS BASED ON THE D.C. JUNIOR BAR ASSOCIATION PROJECTS AND INTERVIEWS WITH DEFENDANTS. SEVEN PERCENT OF ALL DEFENDANTS REQUESTED COUNSEL AND FORTY PERCENT GAVE STATEMENTS. IT WAS FOUND THAT THE POLICE DID NOT CONSISTENTLY GIVE ALL THE MIRANDA WARNINGS NOR DID DEFENDANTS ALWAY UNDERSTAND THOSE THAT WERE GIVEN. MUCH OF THE QUESTIONING OCCURRED IN THE FIELD WHERE AN ATTORNEY COULD NOT BE PRESENT. THE ATTORNEYS WHO WERE CALLED OFTEN FOUND THAT INTERROGATION AT THE PRECINCT HAD BEGUN IN THEIR ABSENCE OR THAT THEIR PRESENCE SERVED MORE TO REASSURE A DEFENDANT THAN TO COUNSEL HIM. THE STUDY CONCLUDES WITH THE SUGGESTION THAT LAW STUDENTS UNDER THE SUPERVISION OF EXPERIENCED ATTORNEY OR FACULTY BE USED TO PROVIDE STATION HOUSE COUNSEL.