NCJ Number
112859
Journal
Alaska Law Review Volume: 5 Issue: 1 Dated: (June 1988) Pages: 161-192
Date Published
1988
Length
32 pages
Annotation
In Moran v. Burbine, the U.S. Supreme Court upheld a criminal suspect's waiver of the right to counsel and the fifth amendment privilege against self-incrimination.
Abstract
The court found the waiver valid although the police had deceived an attorney retained for the suspect by his sister. This deception prevented the attorney from representing the suspect in a series of police interviews during which he confessed to murder. An analysis of the Alaskan Constitution and case law suggests that the State's courts would be unlikely to uphold a Miranda waiver such as Burbine's in the face of a similar police deception, finding it violative of both due process and the privilege against self-incrimination, both of which are broader under Alaskan law than under Federal law. In hearing a Moran-type case, it is likely that Alaskan courts would find that the police deception falls below an acceptable standard for the fair and honorable administration of justice and violates notions of fundamental fairness. Since Moran, Florida, California, and Connecticut have rejected the conclusions of the Moran decision. Given the tenor and holdings of pertinent cases, it is likely that the Alaska courts will interpret the State Constitution to invalidate waivers such as Burbine's. 174 footnotes.