NCJ Number
12712
Journal
South Carolina Law Review Volume: 25 Issue: 5 Dated: (FEBRUARY 1974) Pages: 699-735
Date Published
1974
Length
37 pages
Annotation
DISCUSSION OF THE DEGREE OF POLICE CONTROL NECESSARY IN POLICE-CITIZEN CONFRONTATIONS TO WARRANT ISSUANCE OF MIRANDA WARNINGS.
Abstract
THE AUTHOR REVIEWS THE CONCEPT OF 'CUSTODIAL INTERROGATION,' - THAT POINT BEYOND WHICH COURTS HAVE REQUIRED POLICE TO GIVE THOSE BEING QUESTIONED MIRANDA WARNINGS. IF THE WARNINGS ARE NOT OFFERED, ANY STATEMENT BY THE SUBJECT WILL BE INADMISSIBLE IN SUBSEQUENT JUDICIAL PROCEEDINGS. THE ARTICLE DISCUSSES THE VARIOUS TESTS THAT HAVE BEEN APPLIED TO DETERMINE WHETHER AN INTERROGATION IS 'CUSTODIAL,' AND EXAMINES CASE LAW ON INTERROGATIONS CONDUCTED IN THE SUBJECT'S HOME, AT THE SCENE OF THE CRIME, AT THE POLICE STATION, OR IN CORRECTIONAL FACILITIES WHEN THE SUBJECT IS BEING INCARCERATED FOR ANOTHER OFFENSE.