NCJ Number
246
Date Published
1968
Length
16 pages
Annotation
OUTLINE TO HELP LAW ENFORCEMENT OFFICERS TO BETTER OBTAIN A VALID STATEMENT, CONFESSION, OR ADMISSION.
Abstract
A CONFESSION WHICH CAN BE USED IN COURT INCREASES THE PROBABILITY OF CONVICTION AND ACCOMPLISHMENT OF JUSTICE. APPLICATION OF THE RULES SET FORTH IN THE MIRANDA DECISION ARE DISCUSSED WITH EXPLANATIONS ON THE ADVICE OF RIGHTS TO BE GIVEN AND WHEN AND HOW TO GIVE IT EFFECTIVELY. STATEMENTS NOT GIVEN VOLUNTARILY ARE WORTHLESS. HOW TO DETERMINE VOLUNTARINESS IS DESCRIBED AND DISCUSSED. MIRANDA REQUIRES THAT THE ACCUSED KNOW HIS RIGHTS. A VALID WAIVER OF RIGHTS IS EXPLAINED WITH SOME OF THE PROBLEMS AN OFFICER IS LIKELY TO ENCOUNTER. SOME EXAMPLES OF ADVICE AND WAIVER FORMS ARE PRESENTED.