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NCJRS Abstract

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NCJ Number: 98735 Find in a Library
Title: Searches and Seizures, Arrests and Confessions, Volume 2
Author(s): W E Ringel
Editor(s): J D Franklin; S C Bell
Date Published: 1985
Page Count: 536
Sponsoring Agency: Clark Boardman Company, Ltd
New York, NY 10014
Sale Source: Clark Boardman Company, Ltd
435 Hudson Street
New York, NY 10014
United States of America
Language: English
Country: United States of America
Annotation: This volume focuses on arrest procedures, legal parameters for confessions and admissions, the requirements of Miranda v. Arizona, and the right to counsel in criminal cases.
Abstract: The discussion of the legal parameters for arrest procedures considers the requirement of probable cause, the statutory authority of government officials to< arrest, arrests with and without warrants, citizen arrests, and the use of force to make an arrest. The application of the exclusionary rule to illegal arrests is also examined. The legal standards reviewed for confessions and admissions include the standards of due process, self-incrimination, and right to counsel. In considering the voluntariness of confessions and admissions, a chapter describes police conduct affecting voluntariness and defendant characteristics that bear on voluntariness. Chapters detailing the requirements of the U.S. Supreme Court decision in Miranda v. Arizona focus on the 'custodial interrogation' requirement as well as the waiver and assertion of Miranda rights. The bearing of the right to counsel upon the admissibility of confessions and admissions is discussed, as are other conditions that may occasion the suppression of confessions and admissions. The final chapter examines the application of the right to counsel in various circumstances of criminal processing and the standards for measuring attorney effectiveness. Chapter notes, a table of cases, and a subject index are provided.
Index Term(s): Arrest and apprehension; Arrest procedures; Arrest warrants; Citizen arrests; Confessions; Miranda rights; Right to counsel
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