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Criminal Procedure

Miranda

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Articles 61 - 79 of 79

Full-Text Articles in Law

Silence Should Be Golden: A Case Against The Use Of A Defendant's Post-Arrest, Pre-Miranda Silence As Evidence Of Guilt, Marty Skrapka Jan 2006

Silence Should Be Golden: A Case Against The Use Of A Defendant's Post-Arrest, Pre-Miranda Silence As Evidence Of Guilt, Marty Skrapka

Oklahoma Law Review

No abstract provided.


Rethinking The Involuntary Confession Rule: Toward A Workable Test For Identifying Compelled Self-Incrimination, Mark A. Godsey Jan 2005

Rethinking The Involuntary Confession Rule: Toward A Workable Test For Identifying Compelled Self-Incrimination, Mark A. Godsey

Faculty Articles and Other Publications

For more than a century, the Supreme Court has interpreted the Bill of Rights as prohibiting the police from obtaining involuntary confessions from suspects through the use of coercion. If asked whether this involuntary confession rule is an understandable and workable doctrine, however, a noticeable percentage of judges, prosecutors, police officers, criminal defense attorneys and law professors would answer with an unequivocal no.

Basic questions concerning voluntariness and free will - whether it exists, and if so, when it exists, etc. - have puzzled philosophers for centuries and represent one of history's Gordian knots. Not surprisingly, judges have fared no …


A Jurisprudence Of Doubt: Missouri V. Seibert, United States V. Patane, And The Supreme Court's Continued Confusion About The Constitutional Status Of Miranda, Johnathan L. Rogers Jan 2005

A Jurisprudence Of Doubt: Missouri V. Seibert, United States V. Patane, And The Supreme Court's Continued Confusion About The Constitutional Status Of Miranda, Johnathan L. Rogers

Oklahoma Law Review

No abstract provided.


Criminal Law, Marla Graff Decker, Stephen R. Mccullough Nov 2003

Criminal Law, Marla Graff Decker, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.


The New Frontier Of Constitutional Confession Law - The International Arena: Exploring The Admissibility Of Confessions Taken By U.S. Investigators From Non-Americans Abroad, Mark A. Godsey Jan 2003

The New Frontier Of Constitutional Confession Law - The International Arena: Exploring The Admissibility Of Confessions Taken By U.S. Investigators From Non-Americans Abroad, Mark A. Godsey

Faculty Articles and Other Publications

This Article is part two in an ongoing series. Part I, published at 51 DUKE L. J. 1703 (2002), argued that Miranda warnings should not be strictly required when U.S. agents interrogate non-U.S. citizens abroad. This Article picks up where the first left off, and asks the question: "In the absence of Miranda, do any provisions in the Bill of Rights restrict the ability of U.S. agents to obtain confessions from non-Americans abroad?"

The Article begins by examining the back up or default rules to Miranda in the domestic setting. These rules are the "due process involuntary confession rule," which …


Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard Nov 2002

Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard

University of Richmond Law Review

No abstract provided.


Miranda's Final Frontier - The International Arena: A Critical Analysis Of U.S. V. Bin Laden, And A Proposal For A New Miranda Exception Abroad, Mark A. Godsey Jan 2002

Miranda's Final Frontier - The International Arena: A Critical Analysis Of U.S. V. Bin Laden, And A Proposal For A New Miranda Exception Abroad, Mark A. Godsey

Faculty Articles and Other Publications

In recent years, the FBI and other federal law agencies have greatly expanded their presence abroad, investigating everything from narcotics trade and internet fraud schemes to terrorism. This trend will undoubtedly continue in the aftermath of September 11th. A constitutional question that will be of increasing importance in this context is whether, or to what extent, U.S. law enforcement officials (hereinafter "FBI") must provide Miranda warnings to non-U.S. citizens interrogated abroad who will later be tried in the United States.

The article first addresses whether future modifications to the Miranda doctrine are permissible after Dickerson. The article concludes that despite …


Thinking The Unthinkable Recasting The Presumption Of Edwards V. Arizona, Eugene L. Shapiro Jan 2000

Thinking The Unthinkable Recasting The Presumption Of Edwards V. Arizona, Eugene L. Shapiro

Oklahoma Law Review

No abstract provided.


The "Burden" Of Proof In Federal Habeas Litigation, J. Thomas Sullivan Oct 1995

The "Burden" Of Proof In Federal Habeas Litigation, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


Search & Seizure Jan 1995

Search & Seizure

Touro Law Review

No abstract provided.


Calmer Seas: The Supreme Court's Major Criminal Law Rulings Of The 1993-94 Term, William E. Hellerstein Jan 1995

Calmer Seas: The Supreme Court's Major Criminal Law Rulings Of The 1993-94 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


New York's Loyalty To The Spirit Of "Miranda": Simply The Best For Twenty-Five Years, Lorraine J. Adler Apr 1994

New York's Loyalty To The Spirit Of "Miranda": Simply The Best For Twenty-Five Years, Lorraine J. Adler

Vanderbilt Law Review

The landmark Supreme Court decision Miranda v. Arizona, recognized a defendant's right to be informed of the rights guaranteed by the Fifth Amendment's self-incrimination clause, including the right to counsel. The Miranda Court realized that a suspect may feel compelled to waive his Fifth Amendment privilege while in official detention. The Court held that the police must read the now-familiar warnings to a subject in custodial interrogation before he can waive his rights. Therefore, the Court in Miranda chose to strike the balance between effective law enforcement and protecting a subject's constitutional rights at the point of informing the subject …


When Terry Met Miranda: Two Constitutional Doctrines Collide, Mark A. Godsey Jan 1994

When Terry Met Miranda: Two Constitutional Doctrines Collide, Mark A. Godsey

Faculty Articles and Other Publications

No abstract provided.


Self Incrimination Jan 1993

Self Incrimination

Touro Law Review

No abstract provided.


Right To Counsel Jan 1992

Right To Counsel

Touro Law Review

No abstract provided.


Searches And Seizure Jan 1992

Searches And Seizure

Touro Law Review

No abstract provided.


Criminal Procedure—Miranda Warnings—Waiver Of Right To Counsel At Polygraph Test, Scott J. Lancaster Jul 1983

Criminal Procedure—Miranda Warnings—Waiver Of Right To Counsel At Polygraph Test, Scott J. Lancaster

University of Arkansas at Little Rock Law Review

No abstract provided.


Impeaching A Defendant's Testimony By Proof Of Post-Arrest Silence: Doyle V. Ohio, F. Ronald O'Keefe Jan 1976

Impeaching A Defendant's Testimony By Proof Of Post-Arrest Silence: Doyle V. Ohio, F. Ronald O'Keefe

Cleveland State Law Review

This Note will attempt to outline the genesis of the issue of impeachment by post-arrest silence by first discussing the various inquiries into the probative value of silence which had been undertaken by courts on the federal level before Hale (United States v. Hale, 422 U.S. 171 (1975)) . The focus will then shift to the Hale Court's treatment of this issue. The constitutional aspects of the issue will then be discussed, and the pronouncement of the Doyle Court (Doyle v. Ohio, 96 S. Ct. 2240 (1976)) will be analyzed with an emphasis on the continuity between the Hale and …


The Suspect And Society, Lewis F. Powell Jr. Sep 1967

The Suspect And Society, Lewis F. Powell Jr.

Powell Speeches

No abstract provided.