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The New Phoenix: Maine's Innovative Standards For Guardians Ad Litem, Dana E. Prescott
The New Phoenix: Maine's Innovative Standards For Guardians Ad Litem, Dana E. Prescott
Maine Law Review
In a 2014 article in the Maine Law Review, the author reviewed the historical and legal foundations for guardian ad litem (GAL) appointments by judges on behalf of children in Maine. GALs are appointed to provide the court with investigative facts and recommendations concerning the best interest of a child. The implications and frustrations expressed during political and policy discussions reflect a broader national debate deeply rooted in the power of family law courts when child custody or abuse and neglect are alleged. Whether in the form of child protection or child custody litigation, the sheer volume and complexity of …
What Constitutes "Custody" Under Miranda?: An Examination Of Maine's Test As Applied In State V. Kittredge, Elizabeth L. Tull
What Constitutes "Custody" Under Miranda?: An Examination Of Maine's Test As Applied In State V. Kittredge, Elizabeth L. Tull
Maine Law Review
In recent years, the Maine Supreme Judicial Court, sitting as the Law Court, has issued several opinions addressing whether a defendant’s statements are admissible when made to law enforcement in the absence of “Miranda warnings.” These cases have similar features: a defendant made a personally incriminating statement; raised an appeal arguing that Miranda warnings should have been, but were not, read to him or her; and the Court—in many cases—determined that the defendant was not technically in police custody, and thus there was no requirement to recite Miranda warnings to him or her. Miranda warnings are an important safeguard that …