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Legislating Confession Law In Great Britain: A Statutory Approach To Police Interrogations, Mark Berger
Legislating Confession Law In Great Britain: A Statutory Approach To Police Interrogations, Mark Berger
University of Michigan Journal of Law Reform
Part I provides an overview of the development of British confession law, including the changes under PACE. Part II examines PACE's impact on related subjects, such as detention conditions, access to legal advice, and waiver of the right of access to a solicitor. Finally, Part III suggests that the British experience in developing a statutory framework to regulate these issues can serve as a model for undertaking such reforms in the United States.
The Law Of Pretrial Interrogation, Department Of Justice Office Of Legal Policy
The Law Of Pretrial Interrogation, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
The existing rules in the United States governing the questioning of suspects in custody are based on the Supreme Court's five to four decision in Miranda v. Arizona. The Court in Miranda promulgated a new, code-like set of rules for custodial questioning, including the creation of a right to counsel in connection with custodial questioning, a requirement of warnings, a prohibition of questioning unless the suspect affirmatively waives the rights set out in the warnings, and a prohibition of questioning if the suspect asks for a lawyer or indicates in any manner that he is unwilling to talk. These …
The Applicability Of Miranda Warnings To Non-Felony Offenses: Is The Proper Standard "Custodial Interrogation" Or "Severity Of The Offense"?, Kenneth W. Gaul
The Applicability Of Miranda Warnings To Non-Felony Offenses: Is The Proper Standard "Custodial Interrogation" Or "Severity Of The Offense"?, Kenneth W. Gaul
University of Michigan Journal of Law Reform
This Note argues that the proper standard for determining the necessity of the Miranda warnings for any offense is the existence of custodial interrogation. When interrogation for non-felony offenses takes place in a custodial atmosphere, Miranda warnings should be required, as they are for more serious offenses. Part I summarizes the two basic approaches taken by courts that have confronted the question of the applicability of the Miranda warnings to non-felony offenses. Part Ill argues that neither the rationale for the Miranda doctrine nor the roots of the fifth amendment support a distinction based on the severity of the offense …
The Right To Counsel In Police Interrogation Cases: Miranda And Williams, Mitchell Leibson Chyette
The Right To Counsel In Police Interrogation Cases: Miranda And Williams, Mitchell Leibson Chyette
University of Michigan Journal of Law Reform
This article will consider some of the theoretical and practical ramifications of the Williams decision and compare its protections to the protections offered by Miranda. The article, focussing on the right to counsel, discusses the nature of the police conduct which is prohibited by each decision, the time at which the protections involved become effective, and the standard by which a waiver of the rights will be measured. The article concludes that there may be significant differences in the application of the two cases and that a uniform rule based on the sixth amendment may be superior to the …