(Download) "People V. Neal" by In the Supreme Court of California " eBook PDF Kindle ePub Free
eBook details
- Title: People V. Neal
- Author : In the Supreme Court of California
- Release Date : January 14, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
It long has been settled under the due process clause of the Fourteenth Amendment to the United States Constitution that an involuntary statement obtained by a law enforcement officer from a criminal suspect by coercion is inadmissible in a criminal proceeding. (See, e.g., Brown v. Mississippi (1936) 297 U.S. 278, 285-286.) In Miranda v. Arizona (1966) 384 U.S. 436 (Miranda), recognizing that any statement obtained by an officer from a suspect during custodial interrogation may be potentially involuntary because such questioning may be coercive, the United States Supreme Court held that such a statement may be admitted in evidence only if the officer advises the suspect of both his or her right to remain silent and right to have counsel present at questioning, and the suspect waives those rights and agrees to speak to the officer. The court further held in Miranda that if the suspect indicates that he or she does not wish to speak to the officer or wants to have counsel present at questioning, the officer must end the interrogation. In Edwards v. Arizona (1981) 451 U.S. 477 (Edwards), the high court held that if the suspect invokes the right to counsel, the officer may not resume questioning on another occasion until counsel is present, unless the suspect voluntarily initiates further contact. In Harris v. New York (1971) 401 U.S. 222 (Harris), the court held that although a statement obtained in violation of Miranda may not be introduced by the prosecution in its case-in-chief, Miranda was not intended to grant the suspect license to lie in his or her testimony at trial, and thus if an ensuing statement obtained in violation of Miranda is voluntary, the statement nonetheless may be admitted to impeach a defendant who testifies differently at trial.
 "People V. Neal" by In the Supreme Court of California " eBook PDF Kindle ePub Free){kind=link}