The Decision of The Miranda Case


the Decision of The Miranda Case

The tenor of judicial opinion also falls well short of supporting the Court's new approach. Only a tiny minority of our judges who have dealt with the question, including today's majority, have considered in-custody interrogation, without more, to be a violation of the Fifth Amendment. Policy considerations Examined as an expression of public policy, the Court's new regime proves so dubious that there can be no due 515 compensation for its weakness in constitutional law. Legal history has been stretched before to satisfy deep needs of society. There's also two more interesting links called "How the System Works" and "Truth in Justice" posted at the bottom of this article. . Footnote 48 IV A recurrent argument made in these cases is that society's need for interrogation outweighs the privilege.

The jury found Stewart guilty of robbery and first degree murder, and fixed the penalty as death. A different case would be presented if an accused were taken into custody by the second authority, removed both in time and place from his original surroundings, and then adequately advised of his rights and given an opportunity to exercise them. It extrapolates a picture of what it conceives to be the norm from police investigatorial manuals, published in 19 or earlier, without any attempt to allow for adjustments in police practices that may p533 have occurred in the wake of more recent decisions of state.

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He was sentenced to 20 to 30 years in prison. Where emotional appeals and tricks are employed to no avail, he must rely on an oppressive atmosphere of dogged persistence. Mayers, The Federal Witness' Privilege Against Self-Incrimination: Constitutional or Common-Law? N2 Insofar as appears from the Court's opinion, it has not examined a single transcript of any police interrogation, let alone the interrogation that took place in any one of these cases which it decides today. 391 (1963 Townsend. See Kamisar, Equal Justice internet as Basic Commodity in the Gatehouses and Mansions of American Criminal Procedure, in Criminal Justice in Our Time 1, 64-81 (1965). And, so far as the cases reveal, the privilege, as such, seems to have been given effect only in judicial proceedings, including the preliminary examinations by authorized magistrates." Morgan, The Privilege Against Self-Incrimination,. But McCann says a false confession can usually be distinguished from a truthful one depending on whether it includes details about the crime only the offender would know.


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