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Questioning The Rights Of Juvenile Prisoners During Interrogation , Adam Mizock
Questioning The Rights Of Juvenile Prisoners During Interrogation , Adam Mizock
Cleveland State Law Review
Part I of this Note will review a recent Colorado case involving the interrogation of a juvenile prisoner and the application of the additional-restraint factors within a totality-of-the-circumstances analysis. Part II will analyze how the decision in the Colorado case and the additional-restraint factors comport with the meaning of "custody" as set forth in U.S. courts' jurisprudence on custodial interrogations. Part III will propose that juvenile prisoners should be presumed in custody for Miranda purposes absent exceptional circumstances. It then will present the justification for this presumption, including a discussion of the solicitude normally provided to juveniles in the criminal …
Right To Counsel In Criminal Cases, Edward T. Haggins
Right To Counsel In Criminal Cases, Edward T. Haggins
Cleveland State Law Review
"The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law... He requires the guiding hand of counsel at every step of the proceedings against him." These words, written in 1932 by Mr. Justice Sutherland for the majority in the famous case of Powell v. Alabama underline the fundamental right of a defendant in American criminal proceeding to have the assistance of counsel.
Nature Of The Problem Of Police Brutality, Robert J. Bowers
Nature Of The Problem Of Police Brutality, Robert J. Bowers
Cleveland State Law Review
To properly appraise the oft-bruited problem of police brutality, one should first consider how investigatory duties came to devolve upon the police in the United States.