CRIMINAL PROCEDURE - MICHIGAN V MOSLEY - A NEW CONSTITUTIONAL PROCEDURE

• NCJ Number: 34688
• Journal: North Carolina Law Review Volume: 54 Issue: 4 Dated: (APRIL 1976) Pages: 695-705
• Author(s): P P W YATES
• Date Published: 1976
• Length: 11 pages
• Corporate Author: University of North Carolina
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

DISCUSSION OF THE IMPLICATIONS OF THE SUPREME COURT DECISION IN MICHIGAN V MOSLEY (1975) SANCTIONING THE RENEWED QUESTIONING OF A SUSPECT AFTER AN EXPRESSED DESIRE TO REMAIN SILENT.

Abstract

IN MOSLEY, THE COURT ADOPTED A NEW RULE THAT WOULD EXCLUDE THE USE OF CUSTODIALLY OBTAINED STATEMENTS IF THE ACCUSED'S RIGHT TO CUT OFF QUESTIONING WAS NOT 'SCRUPULOUSLY HONORED'. THE AUTHOR CONTENDS THAT THE NEW CONSTITUTIONALLY REQUIRED PROCEDURE THAT THE POLICE MUST SCRUPULOUSLY HONOR THE RIGHT OF THE ACCUSED TO CUT OFF QUESTIONING IS DEFINED SO VAGUELY THAT IT OFFERS LITTLE GUIDANCE TO LOWER COURTS OR THE POLICE.