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NCJ Number: 41663 Find in a Library
Title: POTENTIALITY OF INCARCERATION - A PROPOSED STANDARD FOR THE APPLICABILITY OF MIRANDA TO NONFELONY OFFENSES
Journal: INDIANA LAW JOURNAL  Volume:52  Issue:2  Dated:(WINTER 1977)  Pages:449-468
Author(s): M J ROBERTS
Corporate Author: Indiana University
School of Law
United States of America
Date Published: 1977
Page Count: 20
Sponsoring Agency: Indiana University
Bloomington, IN 47401
Format: Article
Language: English
Country: United States of America
Annotation: THIS NOTE EXAMINES THE CONFLICTING ARGUMENTS OF WHETHER THE MIRANDA RULES SHOULD BE REQUIRED IN NONFELONY OFFENSES SUCH AS MISDEMEANORS, MOTOR VEHICLE VIOLATIONS, AND OTHER PETTY OFFENSES.
Abstract: THE AUTHOR FEELS IT IS IMPERATIVE THAT THE PROBLEM OF THE APPLICABILITY OF MIRANDA TO NONFELONIES BE RESOLVED. THE UTILIZATION OF A 'POTENTIALITY OF INCARCERATION' STANDARD WOULD REQUIRE MIRANDA WARNINGS ONLY IN THOSE CASES WHERE THE DEFENDANT FACES THE POSSIBLILTY OF IMPRISONMENT. SUCH A RULE, WHILE NOT JEOPARDIZING THE ACHIEVEMENT OF EFFICIENT AND EFFECTIVE LAW ENFORCEMENT, MEETS THE CONSTITUTIONAL REQUIREMENTS OF THE FIFTH AND SIXTH AMENDMENTS.(AUTHOR ABSTRACT MODIFIED)...TWH
Index Term(s): Miranda rights; Misdemeanor; Police responsibilities; US Supreme Court decisions
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=41663

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