NCJ Number
5157
Journal
Indiana Law Journal Volume: 47 Issue: 2 Dated: (WINTER 1972) Pages: 331349
Date Published
1972
Length
19 pages
Annotation
PRINCIPLES DEVELOPED BY THE INDIANA SUPREME COURT FOR APPLYING HARMLESS ERROR RULES TO REVIEW OF CASES IN WHICH POLICE VIOLATED SAFEGUARDS AGAINST SELF-INCRIMINATION.
Abstract
THE INDIANA SUPREME COURT HAS FOUND THAT ERRORS IN ADVISING A SUSPECT OF HIS RIGHTS, AS REQUIRED BY THE MIRANDA DECISION, CAN HAVE POTENTIALLY HARMLESS IMPACT ON TRIAL OUTCOME IN TWO SITUATIONS. THE FIRST OCCURS WHEN THE JURY HAS BEEN INSTRUCTED NOT TO GIVE ERRONEOUSLY ADMITTED STATEMENTS ANY EFFECT IN ARRIVING AT THEIR VERDICT. THE SECOND SITUATION OCCURS WHEN THE DEFENDANT HAS TESTIFIED TO THE SAME FACTS AS THOSE CONTAINED IN THE ERRONEOUSLY ADMITTED STATEMENTS. BOTH SITUATIONS REFLECT TACTICAL DECISIONS MADE BY DEFENSE ATTORNEYS TO REQUEST INSTRUCTIONS OR TO SEND THEIR CLIENT TO THE STAND. IT IS IMPORTANT, THEREFORE, THAT THE COURT CLARIFY ITS CRITERIA ON HARMLESS ERROR DECISIONS SO THAT DEFENSE ATTORNEYS CAN MAKE INTELLIGENT CHOICES WITH SOME PREDICTABILITY OF APPEAL CONSEQUENCES.