At the time of Stewart's arrest, police also arrested Stewart's wife and three other persons who were visiting him. ""[I]t would, we think, be reasonable to insist upon giving an accused person at least 24 hours to decide whether or not he should make a confession. . At noon, three special agents of the FBI continued the interrogation in a private interview room of the Kansas City Police Department, this time with respect to the robbery of a savings and loan association and bank in Sacramento, California. Rather, the statement may well be interpreted by the suspect to mean that the burden is placed upon himself, and that he may have counsel appointed only when brought before the judge or at trial -- but not at custodial interrogation. Indian Evidence Act § 25. 759. (e) If the individual indicates, prior to or during questioning, that he wishes to remain silent, the interrogation must cease; if he states that he wants an attorney, the questioning must cease until an attorney is present. § 371 (1964 ed. That is, instead of confining itself to protection of the right against compelled self-incrimination the Court has created a limited Fifth Amendment right to counsel -- or, as the Court expresses it, a "need for counsel to protect the Fifth Amendment privilege.
Estimates of 50-90% indigency among felony defendants have been reported. And, so far as the cases reveal, the privilege, as such, seems to have been given effect only in judicial proceedings, including the preliminary examinations by authorized magistrates.
Did you hear what I said? Our Government is the potent, the omnipresent teacher. As for the English authorities and the common law history, the privilege, firmly established in the second half of the seventeenth century, was never applied except to prohibit compelled judicial interrogations. Heaviest reliance is placed on the FBI practice. §§ 2421-2423 (1964 ed. The other state case is In conclusion: nothing in the letter or the spirit of the Constitution or in the precedents squares with the heavy-handed and one-sided action that is so precipitously taken by the Court in the name of fulfilling its constitutional responsibilities. JUSTICE CLARK, dissenting in Nos. The rights are also called the Miranda warning and they stem from a 1966 Supreme Court case: Miranda v. Arizona. Times, Jan. 28, 1965, p. 1, col. 5. To require the request would be to favor the defendant whose sophistication or status had fortuitously prompted him to make it. A once-stated warning, delivered by those who will conduct the interrogation, cannot itself suffice to that end among those who most require knowledge of their rights. At about 7:15 p.m., January 31, 1963, police officers went to Stewart's house and arrested him. As soon as a police officer has evidence which would afford reasonable grounds for suspecting that a person has committed an offence, he shall caution that person or cause him to be cautioned before putting to him any questions, or further questions, relating to that offence.""
Where emotional appeals and tricks are employed to no avail, he must rely on an oppressive atmosphere of dogged persistence. After two or two and one-half hours, Westover signed separate confessions to each of these two robberies which had been prepared by one of the agents during the interrogation. "To sum up the matter, the principle that no man is to be declared guilty on his own admission is a divine decree." [The practice of the FBI can readily be emulated by state and local enforcement agencies.
Its general principles would have little value, and be converted by precedent into impotent and lifeless formulas. Thus, in obtaining a confession from Westover the federal authorities were the beneficiaries of the pressure applied by the local in-custody interrogation. Kansas City police interrogated Westover on the night of his arrest. Evidence obtained as a result of interrogation was not to be used against a defendant at trial unless the prosecution demonstrated the warnings were given, and knowingly and intelligently waived.
to . (b) The privilege against self-incrimination, which has had a long and expansive historical development, is the essential mainstay of our adversary system, and guarantees to the individual the "right to remain silent unless he chooses to speak in the unfettered exercise of his own will," during a period of custodial interrogation as well as in the courts or during the course of other official investigations. . His prosecutorial counterpart, District Attorney Younger, stated that"[I]t begins to appear that many of these seemingly restrictive decisions are going to contribute directly to a more effective, efficient and professional level of law enforcement."L.A. "Vignera was found guilty of first degree robbery. In 1952, J. Edgar Hoover, Director of the Federal Bureau of Investigation, stated:"Law enforcement, however, in defeating the criminal, must maintain inviolate the historic liberties of the individual. In his own home, he may be confident, indignant, or recalcitrant. Historically, the privilege against self-incrimination did not bear at all on the use of extra-legal confessions, for which distinct standards evolved; indeed,"the history of the two principles is wide apart, differing by one hundred years in origin, and derived through separate lines of precedents. This question, in fact, could have been taken as settled in federal courts almost 70 years ago, when, in "In criminal trials, in the courts of the United States, wherever a question arises whether a confession is incompetent because not voluntary, the issue is controlled by that portion of the Fifth Amendment . 11, 41-45 (1962).
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