TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 12 P26

Gale Encyclopedia of American Law Volume 12 P26 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 237 legislative bodies and advisory groups have had an opportunity to deal with these problems by rule We have already pointed out that the Constitution does not require any specific code of procedures for protecting the privilege against self-incrimination during custodial interrogation. Congress and the States are free to develop their own safeguards for the privilege so long as they are fully as effective as those described above in informing accused persons of their right of silence and in affording a continuous opportunity to exercise it. In any event however the issues presented are of constitutional dimensions and must be determined by the courts. The admissibility of a statement in the face of a claim that it was obtained in violation of the defendant s constitutional rights is an issue the resolution of which has long since been undertaken by this Court. See Hoptv. People of Territory of Utah 110 . 574 4 . 202 28 . 262 1884 . Judicial solutions to problems of constitutional dimension have evolved decade by decade. As courts have been presented with the need to enforce constitutional rights they have found means of doing so. That was our responsibility when Escobedo was before us and it is our responsibility today. Where rights secured by the Constitution are involved there can be no rule making or legislation which would abrogate them. V. Because of the nature of the problem and because of its recurrent significance in numerous cases we have to this point discussed the relationship of the Fifth Amendment privilege to police interrogation without specific concentration on the facts of the case before us. We turn now to these facts to consider the application to these cases of the constitutional principles discussed above. In each instance we have concluded that statements were obtained from the defendant under circumstances that did not meet constitutional standards for protection of the .

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