Interrogation and Confessions (From Criminal Justice Administration Cases and Materials, Fourth Edition, P 402-536, 1991, Frank W Miller, Robert O Dawson, et al. -- See NCJ-129355)

• NCJ Number: 129362
• Author(s): F W Miller; R O Dawson; G E Dix; R I Parnas
• Date Published: 1991
• Length: 35 pages
• Sale Source: Foundation Press
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United States of America

Annotation

This chapter examines U.S. Supreme Court decisions pertinent to rules that govern the admissibility of confessions and how these rules should be interpreted and applied.

Abstract

The chapter initially addresses the requirement that a confession be "voluntary," the traditional doctrine governing the admissibility of confessions. The relevant U.S. Supreme Court case presented is Colorado v. Connelly which holds that coercive police activity is a necessary predicate to the finding that a confession is involuntary within the meaning of the due process clause of the 14th amendment. The U.S. Supreme Court's decision in Miranda v. Arizona shows the Court's dissatisfaction with police coercion being the only measure of an invalid confession. Miranda requires that charged persons immediately be informed by police that the constitutional right against self-incrimination allows them to refuse to answer police questions. Informing defendants of their right to counsel is also required of police. The chapter discusses factors in a legitimate waiver of Miranda rights, the "fruits" of an inadmissible confession, the impact of "Miranda" and efforts at legislative change, and the sixth amendment right to counsel during police questioning. Notes on the Supreme Court cases presented are included.