• Login
    View Item 
    •   Home
    • Yale Law School Journals
    • Yale Law and Policy Review
    • View Item
    •   Home
    • Yale Law School Journals
    • Yale Law and Policy Review
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Browse

    All of openYLSCommunitiesPublication DateAuthorsTitlesSubjectsThis CollectionPublication DateAuthorsTitlesSubjects

    My Account

    LoginRegister

    Statistics

    Display statistics

    Miranda: Legitimate Response to Contingent Requirements of the Fifth Amendment

    • CSV
    • RefMan
    • EndNote
    • BibTex
    • RefWorks
    Thumbnail
    Name:
    12_18YaleL_PolyRev261_1999_200 ...
    Size:
    2.355Mb
    Format:
    PDF
    Download
    Author
    Huitema, David
    
    Metadata
    Show full item record
    URI
    http://hdl.handle.net/20.500.13051/16898
    Abstract
    In its 1966 Miranda decision, the Supreme Court announced that a criminal defendant's statement, if made during custodial interrogation, would not be admissible in state or federal court if the police failed to advise the defendant of her right to remain silent and have an attorney present during the question ing. Two years later, Congress attempted to "legislatively overrule" Miranda as applied in federal court. Based on Congress's power to make the rules of evidence and procedure for the federal courts, Section 3501 of the Omnibus Crime Control Act of 1968 dictated that a defendant's statement to the police during custodial interrogation would be admissible as long as it was made voluntarily. This had been the standard for admitting confessions before Miranda, and it required courts to determine by a totality of the evidence whether the police had "overborne" the defendant's "will.",
    Collections
    Yale Law and Policy Review

    entitlement

     
    DSpace software (copyright © 2002 - 2025)  DuraSpace
    Quick Guide | Contact Us
    Open Repository is a service operated by 
    Atmire NV
     

    Export search results

    The export option will allow you to export the current search results of the entered query to a file. Different formats are available for download. To export the items, click on the button corresponding with the preferred download format.

    By default, clicking on the export buttons will result in a download of the allowed maximum amount of items.

    To select a subset of the search results, click "Selective Export" button and make a selection of the items you want to export. The amount of items that can be exported at once is similarly restricted as the full export.

    After making a selection, click one of the export format buttons. The amount of items that will be exported is indicated in the bubble next to export format.