TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 12 P24

Gale Encyclopedia of American Law Volume 12 P24 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 217 after some two hours of questioning by federal agents in same police station. . Amends. 5 6. Defendant s failure to object to introduction of his confession at trial was not a waiver of claim of constitutional inadmissibility and did not preclude Supreme Court s consideration of issue where trial was held prior to decision in Escobedo v. Illinois. Federal agents giving of warning alone was not sufficient to protect defendant s Fifth Amendment privilege where federal interrogation was conducted immediately following state interrogation in same police station and in same compelling circumstances after state interrogation in which no warnings were given so that federal agents were beneficiaries of pressure applied by local in-custody interrogation however law enforcement authorities are not necessarily precluded from questioning any individual who has been held for period of time by other authorities and interrogated by them without appropriate warning. California Supreme Court decision directing that state defendant be retired was final judgment from which state could appeal to federal Supreme Court since in event defendant were successful in obtaining acquittal on retrial state would have no appeal. 28 . 1257 3 . In dealing with custodial interrogation court will not presume that defendant has been effectively apprised of rights and that has privilege against self-incrimination has been adequately safeguarded on record that does not show that any warnings have been given or that any effective alternative has been employed nor can knowing and intelligent waiver of those rights be assumed on silent record. . Const. Amend. 5. State defendant s inculpatory statement obtained in incommunicado interrogation was inadmissible as obtained in violation of Fifth Amendment privilege where record did not specifically disclose whether defendant had been advised of his rights he was interrogated on nine .

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