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NCJ Number: 37893 Find in a Library
Title: RECENT MIRANDA DECISIONS
Project Director: J GATES
Date Published: 1976
Sponsoring Agency: AIMS
Chatsworth, CA 91311-4409
Not Available Through National Institute of Justice/NCJRS Document Loan Program
Rockville, MD 20849
Sale Source: AIMS
9710 DeSota Avenue
Chatsworth, CA 91311-4409
United States of America

Not Available Through National Institute of Justice/NCJRS Document Loan Program
Rockville, MD 20849
United States of America
Language: English
Country: United States of America
Annotation: THREE DRAMATIZED SITUATIONS ARE USED BY THIS FILM TO ILLUSTRATE WHEN MIRANDA ADMONITIONS ARE AND ARE NOT REQUIRED IN LIGHT OF RECENT COURT RULINGS.
Abstract: IN THE FIRST VIGNETTE, 'WHEN QEUSTIONING IS PERMITTED', ROBBERS KIDNAP A DIABETIC GIRL FROM A SMALL GROCERY STORE REALIZNG SHE CAN IDENTIFY THEM. DURING THE EVENTUAL ARREST OF THE SUSPECTS, OFFICERS ASK AND LEARN WHERE THE GIRL IS WITHOUT FIRST GIVING MIRANDA WARNINGS. THE GIRL IS THEN TAKEN TO THE HOSPITAL BEFORE THE DEPRIVATION OF INSULIN DURING HER CAPTURE PROVES FATAL. THE NARRATOR POINTS OUT THAT UNDER THE 'RESCUE DOCTRINE', THE VOLUNTARILY GIVEN INCRIMINATING REPLY REVEALING THE GIRL'S WHEREABOUTS, ALTHOUGH MADE WITHOUT MIRANDA, IS PERMISSIBLE COURT EVIDENCE SINCE AN EMERGENCY EXISTED. WHEN THE EMERGENCY IS OVER, THIS SAME VIGNETTE FURTHER ILLUSTRATES THAT IF A SUSPECT INDICATES HE WANTS TO INVOKE HIS RIGHT OF SILENCE, QUESTIONING MUST STOP IMMEDIATELY - AND THAT IT CAN BE RESUMED LATER IF VOLUNTARY AND IF PROPER MIRANDA WARNINGS ARE THEN GIVEN. IN 'WHEN MIRANDA IS NOT FOLLOWED', A DRUNK DRIVER REARENDS A PATROL CAR. THE STATEMENTS MADE IN REPLY TO THE ARRESTING OFFICER'S QUESTIONING - THOUGH MADE WITHOUT MIRANDA ADMONITIONS - ARE SHOWN TO BE ADMISSIBLE IN FEDERAL AND MOST STATE COURTS FOR THE NARROW PURPOSE OF IMPEACHMENT OF A DEFENDANT WHO HAD TESTIFIED IN HIS OWN BEHALF - NOT, HOWEVER, IN THE STATE OF CALIFORNIA WHERE 'ALL STATEMENTS MADE IN VIOLATION OF MIRANDA ARE NOT INADMISSIBLE FOR ALL PURPOSES'. 'IN RESUMPTION OF QUESTIONING', A MINOR WHO IS ARRESTED STEALING A TAPE DECK FROM A CAR ASKS TO CALL HIS MOTHER. THIS REQUEST IS DEEMED EQUIVALENT TO AN ADULT'S ASSERTION OF THE RIGHT TO REMAIN SILENT AND APPLIES EVEN BEFORE THE SUSPECT IS MIRANDIZED. THIS SEQUENCE ALSO SHOWS THAT RECENT U.S. SUPREME COURT RULINGS INDICATE LATER RESUMPTION OF QUESTIONING CAN OCCUR IF CERTAIN STRICT QUALIFICATIONS ARE MET. (AUTHOR ABSTRACT) (SNI ABSTRACT)
Index Term(s): Audiovisual aids; Field interrogation and interview; Films; Interview and interrogation; Judicial decisions; Miranda rights; Police due process training; Rights of the accused
Note: *This document is currently unavailable from NCJRS. 29 MINUTES, 16MM COLOR, 1976 RENTAL ALSO AVAILABLE
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=37893

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