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NCJRS Abstract

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NCJ Number: 97549 Find in a Library
Title: Oregon vs Bradshaw
Corporate Author: Charles S Maccrone Productions
United States of America
Date Published: 1985
Sponsoring Agency: Charles S Maccrone Productions
Aptos, CA 95003
Not Available Through National Institute of Justice/NCJRS Document Loan Program
Rockville, MD 20849
Sale Source: Charles S Maccrone Productions
432 Ewell Avenue
Aptos, CA 95003
United States of America

Not Available Through National Institute of Justice/NCJRS Document Loan Program
Rockville, MD 20849
United States of America
Language: English
Country: United States of America
Annotation: This police training video cassette, accompanied by an audio cassette, reenacts the incident that led to the U.S. Supreme Court's decision in Oregon v. Bradshaw (1983), which held that a properly Mirandized suspect waives a right to counsel by initiating further conversation about his or her case.
Abstract: During the investigation of the death of a person whose body had been found in his wrecked pickup truck, the suspect was questioned at the police station, where he was advised of his Miranda rights. The suspect denied his involvement and asked for an attorney, at which point all questioning ceased. Subsequently, while being transferred from the station to a jail, the suspect inquired of a police officer, 'Well, what is going to happen to me now?' The officer answered that the suspect did not have to talk to him, and the suspect said he understood. The officer suggested the suspect take a polygraph examination, which he did after another reading of his Miranda rights. Faced with polygraph results suggesting he was lying, the suspect recanted his earlier story and admitted that he had been driving the truck in question. He was charged with first degree manslaughter and convicted. The Oregon Court of Appeals overturned the conviction, stating that the confession was obtained in violation of the suspect's fifth amendment rights due to the fact that he had requested an attorney and the officers interrogated him after that request. The U.S. Supreme Court reversed this judgment. It found that the Oregon court misinterpreted the test laid down in Edwards and that the officer acted properly and the suspect's fifth amendment rights were not violated. Accompanying the video is a booklet that summarizes the incident and the case's progress through the courts and explains the rationale for the Supreme Court's decision.
Index Term(s): Confessions; Miranda rights; Police legal training; Polygraphs; Right to counsel; US Supreme Court decisions; Videotapes; Waiver of rights
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