TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 12 P28

Gale Encyclopedia of American Law Volume 12 P28 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 257 may not be interrogated without counsel present absent a waiver of the right to counsel and as the Court all but admonishes the lawyer to advise the accused to remain silent the result adds up to a judicial judgment that evidence from the accused should not be used against him in any way whether compelled or not. This is the not so subtle overtone of the opinion that it is inherently wrong for the police to gather evidence from the accused himself. And this is precisely the nub of this dissent. I see nothing wrong or immoral and certainly nothing unconstitutional in the police s asking a suspect whom they have reasonable cause to arrest whether or not he killed his wife or in confronting him with the evidence on which the arrest was based at least where he has been plainly advised that he may remain completely silent see Escobedo v. State of Illinois 378 . 478 499 84 . 1758 1769 12 977 dissenting opinion . Until today the admissions or confessions of the prisoner when voluntarily and freely made have always ranked high in the scale of incriminating evidence. Brown v. Walker 161 . 591 596 16 . 644 646 40 . 819 see also Hoptv. People of Territory of Utah 110 . 574 584-585 4 . 202 207. Particularly when corroborated as where the police have confirmed the accused s disclosure of the hiding place of implements or fruits of the crime such confessions have the highest reliability and significantly contribute to the certitude with which we may believe the accused is guilty. Moreover it is by no means certain that the process of confessing is injurious to the accused. To the contrary it may provide psychological relief and enhance the prospects for rehabilitation. This is not to say that the value of respect for the inviolability of the accused s individual personality should be accorded no weight or that all confessions should be indiscriminately admitted. This Court has long read the .

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