Word: miranda
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Crisis-Laden Situation. In both New Haven and Washington, Miranda warnings were presented to suspects in a wooden, unsympathetic manner. Some suspects got the impression that if they took advantage of their rights police might get angry and throw the book at them. As the Yale study points out, a man brought in for questioning is in a "crisis-laden situation" and must make quick decisions that may affect his freedom for years. Often, he may decide to cooperate rather than provoke. Any confession obtained from such a man could hardly be said to result from a voluntary waiver...
...reports from New Haven and Washington clearly suggest that police are violating both the letter and the spirit of Miranda. And they are under little pressure to change their ways. Last spring, reacting to the politics of "law and order," Congress passed an Omnibus Crime Control Act that contains a direct attack on Supreme Court doctrine. Never mind Miranda's strict rules in federal prosecutions, says one section of the law; now judges need only consider "all the circumstances" in which a confession was obtained be fore they rule on whether it was voluntary. That was, in effect...
...this isn't love, I'm Carmen Miranda...
Ironically, Smith's fundamental argument-that he was not accorded his constitutional rights to counsel and to silence-would today suffice to get any other suspect a new trial. The U.S. Supreme Court decisions on Escobedo and Miranda deal favorably with situations like Smith's. But those landmark decisions were written since Smith's trial eleven years ago, and are not retroactive. His petition to the Supreme Court to vacate his conviction is pending; he has a stay of execution until that decision is made...
...President also took note of objections to the fact that Title II seeks to overturn several Supreme Court decisions on the legal rights of people accused of federal offenses. While the court held in the Miranda case that a defendant must be warned of his rights before evidence is admissible, the Crime Act says that such warnings are unnecessary as long as any confession made by a suspect is deemed voluntary. The bill also permits police to hold a suspect up to six hours-and longer in some cases-without an arraignment. Noting that these provisions apply only to federal...