NCJ Number
18145
Journal
Georgetown Law Journal Volume: 63 Issue: 2 Dated: (NOVEMBER 1974) Pages: 305-321
Date Published
1974
Length
17 pages
Annotation
A DESCRIPTION OF THE EXTENT OF IMPLEMENTATION OF SECTION 3501 BY LAW ENFORCEMENT OFFICIALS AND BY COURTS, WITH AN ANALYSIS OF THE PRACTICAL EFFECT OF THIS CONGRESSIONAL ATTEMPT TO OVERRULE THE MIRANDA DECISION.
Abstract
IN ENACTING SECTION 3501 IN 1968, CONGRESS SOUGHT TO REVERSE THE SUPREME COURT DECISION IN MIRANDA V. ARIZONA (1966) AND TO REVIVE THE PRE-MIRANDA VOLUNTARINESS TEST FOR THE ADMISSIBILITY OF CONFESSIONS IN FEDERAL AND DISTRICT OF COLUMBIA COURTS. CONGRESS ALSO SOUGHT TO MODIFY THE COURT'S 1957 DECISION IN MALLORY V. UNITED STATES AND THUS TO DIMINISH THE IMPACT OF DELAYS IN ARRAIGNMENT ON THE ADMISSABILITY OF CONFESSIONS. THE PROVISIONS IN SECTION 3501 THAT DO NOT CONFLICT WITH MIRANDA FOR THE MOST PART HAVE BEEN IMPLEMENTED BY FEDERAL LAW ENFORCEMENT OFFICIALS AND COURTS. FOR EXAMPLE, SUBSECTION (A), WHICH CODIFIES THE PROCEDURES FOR DETERMINING VOLUNTARINESS UNDER JACKSON V. DENNO, (1964) HAS BECOME THE ACCEPTED GUIDE FOR FEDERAL DISTRICT COURTS. IN ADDITION, THE PROVISIONS IN SECTION 3501 THAT CHANGE THE MALLORY RULE HAVE BEEN APPLIED UNIFORMLY, ALTHOUGH SOME UNCERTAINTY ABOUT THE ADMISSIBILITY OF CONFESSIONS MADE MORE THAN SIX HOURS AFTER ARREST AND BEFORE ARRAIGNMENT STILL EXISTS. THE PROVISIONS OF SECTION 3501 THAT CONFLICT WITH MIRANDA HAVE NOT BEEN COMPLETELY IGNORED. FOR EXAMPLE, SECTION 3501 APPARENTLY HAS INFLUENCED DECISIONS THAT HAVE RELAXED THE EXCLUSIONARY IMPACT OF MIRANDA ON CONFESSIONS GIVEN DURING ON-THE-SCENE POLICE QUESTIONING. SECTION 3501 ALSO HAS HAD AN INFLUENCE ON COURTS THAT HAVE HELD STATEMENTS MADE DURING UNLAWFUL DETENTIONS ADMISSIBLE IF VOLUNTARILY MADE. IN MOST SITUATIONS, HOWEVER, MIRANDA CONTINUES TO BE APPLIED BY COURTS AND FOLLOWED BY LAW ENFORCEMENT OFFICIALS. COURTS AND LAW ENFORCEMENT PERSONNEL ARE RELUCTANT TO RISK REVERSALS AND JEOPARDIZE CONVICTIONS BY INVOKING SECTION 3501 AS THE BASIS FOR THE ADMISSIBILITY OF CONFESSIONS. THE COMBINED EFFECT OF THE HESITANCY OF LAW ENFORCEMENT OFFICERS AND THE COURTS' CONTINUED ADHERENCE TO MIRANDA HAS, IN EFFECT, NULLIFIED THOSE PROVISIONS IN SECTION 3501 THAT ARE CONSIDERED OFFENSIVE TO THE CONSTITUTIONAL SAFEGUARDS SET OUT IN THE MIRANDA DECISION. (AUTHOR ABSTRACT MODIFIED)