NCJ Number
98735
Editor(s)
J D Franklin,
S C Bell
Date Published
1985
Length
536 pages
Annotation
This volume focuses on arrest procedures, legal parameters for confessions and admissions, the requirements of Miranda v. Arizona, and the right to counsel in criminal cases.
Abstract
The discussion of the legal parameters for arrest procedures considers the requirement of probable cause, the statutory authority of government officials to< arrest, arrests with and without warrants, citizen arrests, and the use of force to make an arrest. The application of the exclusionary rule to illegal arrests is also examined. The legal standards reviewed for confessions and admissions include the standards of due process, self-incrimination, and right to counsel. In considering the voluntariness of confessions and admissions, a chapter describes police conduct affecting voluntariness and defendant characteristics that bear on voluntariness. Chapters detailing the requirements of the U.S. Supreme Court decision in Miranda v. Arizona focus on the 'custodial interrogation' requirement as well as the waiver and assertion of Miranda rights. The bearing of the right to counsel upon the admissibility of confessions and admissions is discussed, as are other conditions that may occasion the suppression of confessions and admissions. The final chapter examines the application of the right to counsel in various circumstances of criminal processing and the standards for measuring attorney effectiveness. Chapter notes, a table of cases, and a subject index are provided.