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POTENTIALITY OF INCARCERATION - A PROPOSED STANDARD FOR THE APPLICABILITY OF MIRANDA TO NONFELONY OFFENSES

NCJ Number
41663
Journal
Indiana Law Journal Volume: 52 Issue: 2 Dated: (WINTER 1977) Pages: 449-468
Author(s)
M J ROBERTS
Date Published
1977
Length
20 pages
Annotation
THIS NOTE EXAMINES THE CONFLICTING ARGUMENTS OF WHETHER THE MIRANDA RULES SHOULD BE REQUIRED IN NONFELONY OFFENSES SUCH AS MISDEMEANORS, MOTOR VEHICLE VIOLATIONS, AND OTHER PETTY OFFENSES.
Abstract
THE AUTHOR FEELS IT IS IMPERATIVE THAT THE PROBLEM OF THE APPLICABILITY OF MIRANDA TO NONFELONIES BE RESOLVED. THE UTILIZATION OF A 'POTENTIALITY OF INCARCERATION' STANDARD WOULD REQUIRE MIRANDA WARNINGS ONLY IN THOSE CASES WHERE THE DEFENDANT FACES THE POSSIBLILTY OF IMPRISONMENT. SUCH A RULE, WHILE NOT JEOPARDIZING THE ACHIEVEMENT OF EFFICIENT AND EFFECTIVE LAW ENFORCEMENT, MEETS THE CONSTITUTIONAL REQUIREMENTS OF THE FIFTH AND SIXTH AMENDMENTS.(AUTHOR ABSTRACT MODIFIED)...TWH

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