TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 7 P8

Gale Encyclopedia of American Law Volume 7 P8 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. | 58 MIDNIGHT JUDGES public safety outweighs the need for the prophylactic rule protecting the Fifth Amendment s privilege against self-incrimination. In Elstad the Court held that a second confession immediately preceded by the Miranda warning was admissible although an earlier statement from the defendant had been obtained in violation of Miranda. The Court noted that suppression of a defendant s statements assumes a constitutional violation but that unwarned questioning in itself violated only prophylactic standards laid down to safeguard against such a violation. Using the reasoning in Tucker the Court ruled that a noncoercive Miranda violation will not result in the suppression of the accused s own voluntary testimony. The implication of Tucker and the two later decisions is that all types of evidence will not be suppressed because of Miranda violations. FURTHER READINGS Brandt Charles. 1989. The Right to Remain Silent. New York St. Martins. Graham Fred P. 1970. The Self-Inflicted Wound The Warren Court s Revolutionary Ruling in Criminal Law. New York Macmillan. White Welsh S. 2003. Miranda s Warning Protections Police Interrogation Practices After Dickerson. Ann Arbor MI Univ. of Michigan. CROSS REFERENCES Criminal Law Criminal Procedure Custodial Interrogation Due Process of Law Right to Counsel. MIDNIGHTJUDGES Presidents throughout history have sought to influence law through their judicial appointments. However the skirmish involving the midnight judges had a much broader significance it belonged to a fight that had begun shortly after the war of independence between the leaders of the new nation. The argument pitted the Federalists led by john adams against the Republicans led by thomas jefferson over a fundamental problem How much power should be given to the federal government and in particular the federal judiciary The answer would influence the course of . law for generations to come. When Adams lost the 1800 election the nation was only 24 years .

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