CRIMINAL PROCEDURE - MIRANDA - RESUMPTION OF QUESTIONING AFTER INDICATION OF SUSPECT'S DESIRE TO REMAIN SILENT

• NCJ Number: 39265
• Journal: Tennessee Law Review Volume: 43 Issue: 3 Dated: (SPRING 1976) Pages: 472-481
• Author(s): ANON
• Date Published: 1976
• Length: 10 pages
• Corporate Author: Tennessee Law Review Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

IN MICHIGAN V. MOSELEY (1975), THE SUPREME COURT HELD THAT THE ADMISSIBILITY OF STATEMENTS OBTAINED UNDER THESE CIRCUMSTANCES DEPENDS ON WHETHER THE SUSPECT'S 'RIGHT TO CUT OFF QUESTIONING' HAS BEEN 'SCRUPULOUSLY HONORED.'

Abstract

A REVIEW OF THE LOWER COURT CASES INDICATES THAT IS HAS NOT BEEN ENTIRELY CLEAR WHAT PROCEDURES MIRANDA REQUIRES AFTER A SUSPECT INITIALLY INVOICES THE RIGHT TO REMAIN SILENT. IT IS SUGGESTED THAT THE MOSLEY COURT DID LITTLE TO ALLEVIATE THE CONFUSION AND APPEARS TO HAVE SANCTIONED AN AD HOC APPROACH TO RESOLVING ALLEGED MIRANDA VIOLATIONS....ELW