If a defendant demands the presence of counsel during police interrogation, police must stop the interrogation until the defendant's counsel is present. In Gideon v. Wainwright, 372 U.S. 335 (1963), the Supreme Court held that the Sixth Amendment's guarantee of counsel applies to state criminal proceedings as well.
4: In which cases did the supreme court blur the distinctions between an initial appearance and an arraignment? McNabb v.
Which action of the police when obtaining a confession is, by itself, sufficient to render a confession involuntary? Physical brutality to coerce a confession violates the 14th Amendment. Therefore, a confession that is extracted by police using this action renders that confession involuntary.
On what grounds could the defense seek to exclude Bill's videotaped confession? At trial, the defense seeks to have the drugs in the trunk suppressed, claiming that the warrantless search of the defendant's cell phone lead to the search of the trunk and discovery of the drugs.
The case that established that defendants have a right to represent themselves was Faretta v. California, U.S. Sup. Ct. 1975. The Faretta case said that a judge must allow self-representation if a defendant is competent to understand and participate in the court proceedings.
Which of the below is an orientation goal of the justice system? Protection of Individual rights.
Miranda v. Arizona. —In Miranda v. Arizona, a custodial confession case decided two years after Escobedo, the Court deemphasized the Sixth Amendment holding of Escobedo and made the Fifth Amendment self-incrimination rule preeminent.
In general, a confession is found to be voluntary if it is “reflects deliberateness of choice” and is the product of a “free and unconstrained will.” Again, this definition is subject to modification by the jurisdiction. The determination of voluntariness depends largely on the facts presented in the case.Jun 25, 2018
Which constitutional guarantees are addressed in the Escobedo and Miranda cases? Right-to-counsel and self-incrimination. You just studied 12 terms!
Was Mr. Ackerman's search of Johnny's locker lawful? No, the search violated the Fourth Amendment.
Was Mr. Ackerman's search of Fred's locker lawful? Yes, Mr. Ackerman had reasonable suspicion that Fred was engaged in the sale of illegal drugs.
' Based on the findings from this research and on practitioner experience, the Major Cities Chiefs Association recommends that all law enforcement agencies implement the mandatory recording of custodial interrogations to increase the quality and accuracy of interrogation evidence.