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NCJRS Abstract

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NCJ Number: 35337 Find in a Library
Title: EFFECTS OF TUCKER ON THE 'FRUITS' OF ILLEGALLY OBTAINED STATEMENTS
Journal: CLEVELAND STATE LAW REVIEW  Volume:24  Issue:4  Dated:(1975)  Pages:689-704
Author(s): J P REINHARD
Corporate Author: Cleveland State University College of Law
United States of America
Date Published: 1975
Page Count: 16
Sponsoring Agency: Cleveland State University College of Law
Cleveland, OH 44115
Format: Article
Language: English
Country: United States of America
Annotation: EXAMINATION OF THE IMPLICATIONS OF THE SUPREME COURT RULING THAT TESTIMONY OBTAINED FROM A WITNESSES IDENTIFIED BY A STATE OBTAINED FROM THE DEFENDANT IN VIOLATION OF THE MIRANDA GUIDELINES IS ADMISSIBLE.
Abstract: THE CIRCUMSTANCES LEADING TO THE DECISION IN MICHIGAN V TUCKER (1974) ARE DESCRIBED AND PREVIOUS CASE LAW ESTABLISHING TESTS FOR THE ADMISSIBILITY OF CONFESSIONS IS REVIEWED. THE ANALYSIS EMPLOYED BY THE COURT IN TUCKER WHICH JUSTIFIED PLACING THE MIRANDA WARNINGS OUTSIDE THE SCOPE OF CONSTITUTIONALLY PROTECTED RIGHTS IS EXPLAINED. THE CONCEPT OF APPLYING THE EXCLUSIONARY RULE TO ALL UNLAWFUL POLICE CONDUCT WHETHER DONE IN GOOD FAITH, IGNORANCE OF EXISTING LAW OR WITH MALICIOUS INTENT IS DISCUSSED. THE AUTHOR CONCLUDES THAT THE COURT HAS CONSTRUCTED AN EXCLUSIONARY RULE WHICH VITIATES THE MIRANDA RATIONALE.
Index Term(s): Confessions; Exclusionary rule; Judicial decisions; Right against self incrimination; Rights of the accused; Rules of evidence
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