Word: warne
(lookup in dictionary)
(lookup stats)
Dates: all
Sort By: most recent first
(reverse)
...best guess of Washington lawyers is that the court may simply require police to warn prime suspects of their rights-partly because the court may now be as closely divided as it was in Escobedo. When Justice Goldberg departed for the U.N., he left eight Justices who had split 4 to 4 in that case. His successor, Justice Fortas, made eloquently clear during the arguments that he views the court's "vexatious, tormented" decision no differently than he did when he was on the other side of the bench winning the right to counsel for Florida Indigent Clarence Gideon...
...others blame Chicago for their troubles. "Anybody would have known that guy had a right to see his attorney," snorts a Seattle police lieutenant. "If they hadn't messed up, we wouldn't be stuck today." To get unstuck, more and more police are handing out impeccable warnings. "We warn, warn, warn," says Denver D.A. Bert M. Keating. "It may hurt to stop the guy in midsentence," adds Miami Beach Police Chief Rocky Pomerance, "but what's the use if we can't use what he says...
...Britain devised the famous "Judges Rules" requiring police to warn anyone suspected of a crime; questions must stop when police have enough evidence to charge the suspect. Today the rules are said to be widely ignored, and with crime soaring, some eminent Britons argue that the privilege against self-incrimination is outdated. The privilege does have old-fashioned roots. It originated in repugnance for such long-vanished torture methods as the rack and the screw. Now that British police are civilized, say the critics, why forbid them merely to ask questions-thus stacking the odds in favor of criminals...
...case, the suspect had retained a lawyer and was not allowed to consult him. By contrast, the California Supreme Court went beyond Escobedo and ruled last year that a constitutional right to counsel exists even if a suspect does not ask to exercise it. In California, police failure to warn a suspect of his rights to silence and to counsel now voids his confession even though he makes no request for a lawyer...
...potential dynamite: all but one of the confessions were apparently true and voluntary; most of the defendants probably could not have been convicted without their confessions. Yet the court is being asked to void all the confessions by reading into Escobedo a new standard: that police must warn all suspects at focus point that they need not talk, that anything they say may be held against them, and that they have a right to counsel, furnished by the state if necessary...