| United States. President's Commission on Crime in the District of Columbia - 1966 - 1100 páginas
...desire to stop and invoke his right to remain silent or to consult counsel.54 According to the Court, "the fact of lengthy interrogation or incommunicado...that the accused did not validly waive his rights." 55 Moreover, "any evidence" of tricks, threats or cajolery to obtain a waiver is fatal to the contention... | |
| United States. Congress. Senate. Judiciary - 1967 - 1318 páginas
...gives some information on his own prior to invoking his right to remain silent when interrogated." Whatever the testimony of the authorities as to waiver...consistent with the conclusion that the compelling influence of the interrogation finally forced him to do so. It is inconsistent with any notion of a... | |
| United States. Congress. Senate. District of Columbia - 1967 - 612 páginas
...Supreme Court pointed out in Miranda, 86 S.Ct 1629, "Whatever the testimony of the police as to the waiver of rights by an accused, the fact of lengthy...that the accused did not validly waive his rights." S. 1518 would also deprive a person who is held in isolation during prolonged questioning of the right... | |
| United States. Congress. Senate. Judiciary - 1968 - 1834 páginas
...waiver." some information on his own prior to invoking his right to remain silent when interrogated." Whatever the testimony of the authorities as to waiver...consistent with the conclusion that the compelling influence of the interrogation finally forced him to do so. It is inconsistent with any notion of a... | |
| United States. Congress. Senate. Committee on the Judiciary - 1968 - 1430 páginas
...waiver." some information on his own prior to invoking his right to remain silent when interrogated." Whatever the testimony of the authorities as to waiver...consistent with the conclusion that the compelling influence of the interrogation finally forced him to do so. It is inconsistent with any notion of a... | |
| United States. Congress. Senate. Committee on the Judiciary - 1968 - 1332 páginas
...waiver." 619 some information on his own prior to invoking his right to remain silent when interrogated." Whatever the testimony of the authorities as to waiver...consistent with the conclusion that the compelling influence of the interrogation finally forced him to do so. It is inconsistent with any notion of a... | |
| Donald D. Barry, George Gingsburgs, Peter B. Maggs - 1977 - 330 páginas
...pre-investigative detention and subject him to incessant interrogation during this period. Generally, the mere fact of lengthy interrogation or incommunicado incarceration...statement is made is strong evidence that the accused or the suspect did not voluntarily waive his right to remain silent under articles 46, 76, and 77 of... | |
| 1965 - 528 páginas
...from the fact that a confession was in fact eventually obtained." 10 The Court went on to hold that "the fact of lengthy interrogation or incommunicado...before a statement is made is strong evidence that an accused did not validly waive his rights .... Moreover, any evidence that the accused was threatened,... | |
| Gerald M. Caplan - 1995 - 30 páginas
...or coercion. The conduct of the police in securing the waiver cannot be overbearing. Miranda states: [T]he fact of lengthy interrogation or incommunicado...consistent with the conclusion that the compelling influence of the interrogation finally forced him to do so.... Moreover, any evidence that the accused... | |
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