TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 12 P20

Gale Encyclopedia of American Law Volume 12 P20 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | MILESTONES IN THE LAW MIRANDA V. ARIZONA 177 arraignment the agents asked Königsberg why he was in this garage and just what had taken place and if he wished to cleanse himself or explain what his reasons for being there were why at the other individuals were there. Id. at p. 852. Konigsberg then male some incriminating statements. Among other reasons for not applying Escobedo the court said that the purpose of the interrogation even though it took place after the arrest was not to elicit a confession. The court stated The uncontradicted purpose of the discussion was to give Konigsberg a chance to explain his presence in the garage if he could to hear Konigsberg s side of the story. If Konigsberg or any of the other people caught in the garage could account for their presence this was their opportunity Id. at p. 853 see People v. Ghimenti 1965 232 . 111 119 43 . 504. 4 The test which we have described does not propose a determination of the actual intent or subjective purpose of the police in undertaking the interrogations but a determination based upon the objective intent of the interrogators we must in order to determine if the police are carrying out a process of interrogations that lends itself to eliciting incriminating statements Escobedo v State of Illinois supra 378 ar p. 491 84 . at p. 1765 analyze the total situation which envelops the questioning by considering such factors as the length of the interrogation the place and time of the interrogation the nature of the questions the conduct of the police and all other relevant circumstances. As some writers have suggested An objective test is likely for the new American rule. for it is noteworthy that the question of purpose to elicit a confession may be more readily determined from the objective evidence such as the nature of the questions and accusations put to defendant and the length of the interrogation than the question whether the police had decision to charge the defendant. .

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