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Speedy Trial - No Mere Ceremonial, Robert B. Henn
Speedy Trial - No Mere Ceremonial, Robert B. Henn
Cleveland State Law Review
In recent years, there has been a progressive refinement of individual rights, to the extent that due process must be accorded to the participant in not only judicial proceedings, but administrative actions as well. Yet, in the face of this, the anomaly exists that one highly important individual right, clearly defined by the Speedy-Trial Clause of the Sixth Amendment, is persistently abused by courts who adhere to overly strict, and demonstrably improper, interpretations of its requirements, and by prosecutors who seem to feel that a prompt determination of the innocence or guilt of the accused is a matter of grace, …
Miranda Warnings In Other Than Police Custodial Interrogations, Marvin E. Sable
Miranda Warnings In Other Than Police Custodial Interrogations, Marvin E. Sable
Cleveland State Law Review
The court, in Miranda, was quick to point out, however, that the decision in that case did not suppose to vitiate the confession as a tool of law enforcement officers in ferretting out criminals. Likewise, volunteered statements of any kind were specifically exempted from the exclusionary rule that was applied to Miranda-type admissions only. Much of the progeny of Miranda addressed itself to just such types of admissions. Oftentimes, the courts dissected the seemingly unitized custodial interrogation requirement of Miranda by turning their decisions of its inapplicability upon the absence of either the "custody" or the "interrogation" aspect