Word: confessionally
(lookup in dictionary)
(lookup stats)
Dates: all
Sort By: most recent first
(reverse)
Overdue & Overborne. It is the question of how to raise state procedures to this standard that has baffled the Supreme Court. The Fifth Amendment was long thought not to apply to states at all. Only one state (Michigan) has adopted Mallory, and though nearly all the others have "prompt arraignment...
In more than 35 subsequent cases, the Supreme Court worked out new standards under the due-process clause of the 14th Amendment, which is binding on states. A confession is voluntary, said the court, only if it reflects "a free choice to admit, or deny or refuse an answer." It...
Total Confusion. For all that, the court's voluntariness doctrine lacked any objective test and turned instead on subjective appraisal of the "totality of the circumstances." In each case, the court tried to reconstruct the suspect's ability to resist the forces arrayed against him. The results were...
"A system of law enforcement which comes to depend on the confession," continued Goldberg, "will, in the long run, be less reliable than a system which depends on extrinsic evidence independently secured through skillful investigation. If the exercise of constitutional rights will thwart the effectiveness of a system of law...
Court v. Court. Across the country, many lower courts echoed the dissenters' fears by ruling that Escobedo voids a confession only if, as in Danny Escobedo's case, the suspect had retained a lawyer and was not allowed to consult him. By contrast, the California Supreme Court went...