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NCJRS Abstract

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NCJ Number: 39915 Find in a Library
Title: CRIMINAL PROCEDURE - APPLICATION OF MIRANDA WARNINGS TO GRAND JURY TESTIMONY
Journal: TULANE LAW REVIEW  Volume:51  Issue:2  Dated:(FEBRUARY 1977)  Pages:367-374
Author(s): G F SLATTERY
Corporate Author: Tulane Law Review Assoc
Tulane University
United States of America
Date Published: 1977
Page Count: 8
Sponsoring Agency: Tulane Law Review Assoc
New Orleans, LA 70118
Format: Article
Language: English
Country: United States of America
Annotation: REVIEW OF THE IMPLICATIONS OF THE SUPREME COURT RULING IN US V MANDUJANO (1976) AFFECTING THE ADMISSIBILITY OF PERJURED GRAND JURY TESTIMONY IN A PROSECUTION FOR PERJURY.
Abstract: IN MANDUJANO, THE COURT UPHELD THE DEFENDANT'S PERJURY CONVICTION, HOLDING THAT THE FIFTH AMENDMENT PRIVILEGE AGAINST SELF-INCRIMINATION DOES NOT REQUIRE SUPPRESSION OF PERJURED TESTIMONY, EVEN IF THE WITNESS WERE A 'VIRTUAL' OR 'PUTATIVE' DEFENDANT AND HAD NOT BEEN GIVEN MIRANDA WARNINGS. THE AUTHOR EXAMINES THE MAJORITY AND MINORITY OPINIONS ENTERED IN THE CASE AND CONCLUDES THAT ALTHOUGH THE MIRANDA WARNINGS MAY NOT BE SUITED TO GRAND JURY INTERROGATION, THE PRINCIPLE THAT ONE COMPELLED TO TESTIFY UNDER CUSTODY SHOULD BE GUARDED BY PROPER WARNINGS AND THE ASSISTANCE OF COUNSEL SHOULD BE SAFEGUARDED. (AUTHOR ABSTRACT MODIFIED)...EB
Index Term(s): Grand juries; Judicial decisions; Perjury; Right against self incrimination; Right to counsel; Rights of the accused; Rules of evidence; Testimony; US Supreme Court; Witnesses
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=39915

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