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NCJRS Abstract

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NCJ Number: 35684 Find in a Library
Title: BASES OF JUDICIAL DECISION-MAKING - THE NEED FOR A REAPPRAISAL
Journal: MARQUETTE LAW REVIEW  Volume:59  Issue:3  Dated:(1976)  Pages:551-571
Author(s): J W WITT
Corporate Author: Marquette University
Law School
United States of America
Date Published: 1976
Page Count: 21
Sponsoring Agency: Marquette University
Milwaukee, WI 53233
Format: Article
Language: English
Country: United States of America
Annotation: EXAMINATION OF THE INADEQUACY OF COURT FACT-FINDING FACILITIES NECESSARY FOR MAKING ENLIGHTENED POLICY CHOICES IN THE CONTEXT OF THE SUPREME COURT'S CONTROVERSIAL DECISION IN MIRANDA V ARIZONA (1966).
Abstract: THE THREE PRINCIPLE SOURCES OF DATA WHICH THE COURT USED IN FORMULATING THE HYPOTHESIS OF POLICE INTERROGATION UPON WHICH MIRANDA WAS DECIDED ARE IDENTIFIED AND EXAMINED. DATA RELATIVE TO POLICE INTERROGATION PRACTICES AVAILABLE FROM CONGRESSIONAL COMMITTEES AND GOVERNMENTAL COMMISSIONS FOR THE COURT'S CONSIDERATION BUT UNRESEARCHED BEFORE THE RULING ARE ALSO ANALYZED. INFORMATION OBTAINED FROM HEARINGS AND COMMISSION REPORTS SUBSEQUENT TO THE MIRANDA RULING ARE ALSO PRESENTED AS A MEANS OF EVALUATING THE COURT'S ASSESSMENT OF POLICE INTERROGATION PROCEDURES IN MIRANDA. THE AUTHOR CONCLUDES THAT JUDICIAL DECISIONS BASED ON FACTUAL DATA WOULD LEAD TO A MORE RESTRAINED FORM OF JUDICIAL DECISION-MAKING COMPATIBLE WITH THE TENETS OF REPRESENTATIVE DEMOCRACY.
Index Term(s): Interview and interrogation; Judicial decisions; Judicial discretion; Judicial restraint; Research methods; US Supreme Court
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=35684

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