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INTERROGATION AND COUNSEL

NCJ Number
18758
Author(s)
ANON
Date Published
1967
Length
0 pages
Annotation
AN EXAMINATION OF THE MEANING OF THE RIGHT TO COUNSEL AND THE PRIVELEGE AGAINST SELF-INCRIMINATION THROUGH THE DRAMATIZATION OF INTERROGATION SCENES IN WHICH THESE RIGHTS SHOULD APPLY.
Abstract
THE CONFLICTING CONCERNS WITH INCREASING THE EFFICIENCY OF THE POLICE AND PROTECTING THE RIGHTS OF INDIVIDUALS ARE DEMONSTRATED IN A SERIES OF BRIEF INTERVIEWS. TWO SITUATIONS ARE THEN PRESENTED. IN THE FIRST, A YOUNG MAN IS SHOWN ROBBING A SERVICE STATION ATTENDANT WHO HAS BEEN KILLED BY VIOLENT MEANS. HE IS ARRESTED, AND UPON BEING WARNED OF HIS CONSTITUTIONAL RIGHTS, HE REFUSES TO SPEAK. IT IS STRESSED THAT ALTHOUGH HE IS GUILTY, HE WILL GO FREE. THIS SITUATION IS CONTRASTED WITH A SECOND IN WHICH THE STATION ATTENDANT DIES OF A HEART ATTACK. THE YOUNG MAN IS NOT ADVISED OF HIS RIGHTS, AND IN THE INTERROGATION BECOMES ENTANGLED IN HIS OWN LIES. AT THE END OF THIS SEQUENCE, IT IS APPARENT THAT THE YOUNG MAN WILL BE INDICTED FOR A MURDER HE DID NOT COMMIT. THROUGH THESE OPEN-ENDED SITUATIONS, THE VIEWER IS MADE AWARE OF THE ISSUES INVOLVED IN THE PRIVILEGE TO REMAIN SILENT, THE RIGHT TO COUNSEL, AND THE NEGATIVE AND POSITIVE EFFECTS THESE RIGHTS HAVE ON THE SYSTEM OF JUSTICE AND LAW ENFORCEMENT. (AUTHOR ABSTRACT MODIFIED)