Confessions, Rights, and Waivers (From Criminal and Civil Investigation Handbook, P 2-71 to 2-103, 1981, Joseph J Grau and Ben Jacobson, ed. - See NCJ-84274)

• NCJ Number: 84285
• Author(s): T F Walsh
• Date Published: 1981
• Length: 33 pages
• Sale Source: McGraw-Hill Publishing Co
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

This discussion of confessions, rights, and waivers highlights the implications of recent court decisions for the conduct of police interviews of suspects.

Abstract

In Miranda v. Arizona, the U.S. Supreme Court held that when a person is taken into custody or otherwise deprived of freedom of action in a significant way and is to be questioned for evidence of guilt, certain procedural safeguards must be followed to protect the person's fifth amendment privilege against compulsory self-incrimination. Recent court decisions bearing upon Miranda procedures indicate that (1) a formal arrest meets the Miranda definition of custody; (2) absent a formal arrest, courts may still make a finding of custody; (3) Miranda is generally not applicable to a temporary investigative detention; (4) in deciding the issue of custody, the place of interrogation is one of the most important factors; and (5) intimidating action by police in whatever location may be interpreted by the courts as custody. If the interview is noncustodial and occurs before judicial proceedings have been initiated, no right to counsel has attached and no Miranda warning is required prior to the interview. If interview is noncustodial and occurs after judicial proceedings have been initiated but seeks statements relating to the crime charged, the right to counsel obtains. If interview is after judicial proceedings have been initiated but is about an unrelated charge, no Miranda warnings are required because the situation is noncustodial. Some other Miranda problems are (1) the use of a confession obtained in violation of Miranda for impeachment, (2) statements obtained as a result of defective Miranda warnings, (3) silence by the suspect during custodial interrogation, (4) the defective evidence rule, (5) where confession is the 'fruit of the poisonous tree,' and (6) avoiding the impression of custody if probable cause is lacking. A written statement of advice of rights before interrogation and waiver of rights is appended, and 76 notes are listed.