skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 31671 Find in a Library
Title: DEVELOPMENTS IN THE LAW OF INTERROGATIONS AND CONFESSIONS
Journal: NATIONAL JOURNAL OF CRIMINAL DEFENSE  Volume:1  Issue:1  Dated:(SPRING 1975)  Pages:111-130
Author(s): W W STEELE
Corporate Author: National College of Criminal Defense Lawyers and Public Defenders
College of Law
University of Houston
United State
Date Published: 1975
Page Count: 20
Sponsoring Agency: National College of Criminal Defense Lawyers and Public Defenders
Houston, TX 77004
Format: Article
Language: English
Country: United States of America
Annotation: THIS PAPER CITES PERTINENT CASE LAW IN A DISCUSSION OF THE LEGAL DOCTRINES SURROUNDING THE ADMISSIBILITY OF EVIDENCE ARISING FROM THE 1966 SUPREME COURT DECISION IN MIRANDA V. ARIZONA.
Abstract: AFTER IDENTIFYING CIRCUMSTANCES WHICH DO NOT CALL FOR THE APPLICATION OF MIRANDA (VOLUNTEERED STATEMENTS, RES GESTAE STATEMENTS, ROUTINE, UNFOCUSED INVESTIGATIVE QUESTIONS), THE AUTHOR CONSIDERS REQUIREMENTS OF THE MIRANDA CASE. DISCUSSED ARE THE NEED FOR A CUSTODIAL INTERROGATION STATUS, THE APPLICATION OF MIRANDA TO INVESTIGATIVE STOPS, THE EFFECT OF INADEQUATE MIRANDA WARNINGS, ADVICE AS TO THE PRESENCE OF AN ATTORNEY, AND TESTS TO DETERMINE THE LEGAL SUFFICIENCY OF A WAIVER OF MIRANDA RIGHTS. HIGHLIGHTED IS THE MASSIAH RULE (MASSIAH V. UNITED STATES, 1964), WHICH HOLDS AS INADMISSIBLE CONFESSIONS OBTAINED IN POST-INDICTMENT INTERROGATION BY A REPRESENTED SUSPECT. OTHER TOPICS COVERED INCLUDE THE EXCLUSIONARY RULE AS APPLIED TO CONFESSIONS, THE NEED FOR STATE CORROBORATION, AND THE USE OF INVALID CONFESSIONS IN PRESENTENCE REPORTS. ALSO DISCUSSED ARE THE LAW APPLICABLE TO SUPPRESSION HEARINGS, THE USE OF SUPPRESSED CONFESSIONS FOR IMPEACHMENT PURPOSES, THE FILING OF A SUPPRESSION MOTION, AND PRETRIAL SUPPRESSION TACTICS.
Index Term(s): Confessions; Exclusionary rule; Interview and interrogation; Judicial decisions; Right against self incrimination; Rules of evidence
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=31671

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.