U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

CRIMINAL PROCEDURE - MIRANDA - RESUMPTION OF QUESTIONING AFTER INDICATION OF SUSPECT'S DESIRE TO REMAIN SILENT

NCJ Number
39265
Journal
Tennessee Law Review Volume: 43 Issue: 3 Dated: (SPRING 1976) Pages: 472-481
Author(s)
ANON
Date Published
1976
Length
10 pages
Annotation
IN MICHIGAN V. MOSELEY (1975), THE SUPREME COURT HELD THAT THE ADMISSIBILITY OF STATEMENTS OBTAINED UNDER THESE CIRCUMSTANCES DEPENDS ON WHETHER THE SUSPECT'S 'RIGHT TO CUT OFF QUESTIONING' HAS BEEN 'SCRUPULOUSLY HONORED.'
Abstract
A REVIEW OF THE LOWER COURT CASES INDICATES THAT IS HAS NOT BEEN ENTIRELY CLEAR WHAT PROCEDURES MIRANDA REQUIRES AFTER A SUSPECT INITIALLY INVOICES THE RIGHT TO REMAIN SILENT. IT IS SUGGESTED THAT THE MOSLEY COURT DID LITTLE TO ALLEVIATE THE CONFUSION AND APPEARS TO HAVE SANCTIONED AN AD HOC APPROACH TO RESOLVING ALLEGED MIRANDA VIOLATIONS....ELW