We have undertaken a thorough reexamination of the Escobedo decision and the principles it announced, and we reaffirm it. As the New York prosecutor quoted in the report said, "It is a short-cut, and makes the police lazy and unenterprising.
Once the facts are at your finger tips, a legal framework needs to be constructed into which these facts can be logically slotted. An attorney may advise his client not to talk to police until he has had an opportunity to investigate the case, or he may wish to be present with his client during any police questioning.
I The constitutional issue we decide in each of these cases is the admissibility of statements obtained from a defendant questioned while in custody or otherwise deprived of his freedom of action in any significant way. Numbering the paragraphs help, because in your opinion or as part of the analysis you may have to refer to what has been written before and by referring to the paragraph-number you obviate the need of repeating the whole thing.
Like professors, students also face problems regarding their educational and non-educational lives. My tutor likes it also. These supervisory rules, requiring production of an arrested person before a commissioner "without unnecessary delay" and excluding evidence obtained in default of that statutory obligation, were nonetheless responsive to the same considerations of Fifth Amendment policy that unavoidably face us now as to the States.
The interrogator should direct his comments toward the reasons why the subject committed the act, rather than court failure by asking the subject whether he did it.
Mutt, the relentless investigator, who knows the subject is guilty and is not going to waste any time. In fact, statements merely intended to be exculpatory by the defendant are often used to impeach his testimony at trial or to demonstrate untruths in the statement given under interrogation, and thus to prove guilt by implication.
In the incommunicado police-dominated atmosphere, they succumbed. So, how much will our help with paper cost you.
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In none of these cases was the defendant given a full and effective warning of his rights at the outset of the interrogation process.
He merely confirms the preconceived story the police seek to have him describe. Our decision in no way creates a constitutional straitjacket which will handicap sound efforts at reform, nor is it intended to have this effect.
TOP. Opinion. WARREN, C.J., Opinion of the Court. MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.
The cases before us raise questions which go to the roots of our concepts of American criminal jurisprudence: the restraints society must observe consistent with the Federal Constitution in prosecuting individuals for crime.
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