Our concern for adequate safeguards to protect precious Fifth Amendment rights is, of course, not lessened in the slightest. This case has been the subject of judicial interpretation and spirited legal debate since it was decided two years ago.
It was necessary in Escobedo, as here, to insure that what was proclaimed in the Constitution had not become but a "form of words," Silverthorne Lumber Co. General on-the-scene questioning as to facts surrounding a crime or other general questioning of citizens in the factfinding process is not affected by our holding.
This usually has a very undermining effect. As with the warnings of the right to remain silent and that anything stated can be used in evidence against him, this warning is an absolute prerequisite to interrogation.
The privilege was elevated to constitutional status, and has always been "as broad as the mischief [p] against which it seeks to guard.
To declare that, in the administration of the criminal law, the end justifies the means. It is impossible for us to foresee the potential alternatives for protecting the privilege which might be devised by Congress or the States in the exercise of their creative rulemaking capacities. The technique is applied by having both investigators present while Mutt acts out his role.
Presuming waiver from a silent record is impermissible. In order to combat these pressures and to permit a full opportunity to exercise the privilege against self-incrimination, the accused must be adequately and effectively apprised of his rights, and the exercise of those rights must be fully honored.
The need for counsel in order to protect the privilege exists for the indigent as well as the affluent. These supervisory rules, requiring production of an arrested person before a commissioner "without unnecessary delay" and excluding evidence obtained in default of that statutory obligation, were nonetheless responsive to the same considerations of Fifth Amendment policy that unavoidably face us now as to the States.
In fact, statements merely intended to be exculpatory by the defendant are often used to impeach his testimony at trial or to demonstrate untruths in the statement given under interrogation, and thus to prove guilt by implication. The presence of an attorney, and the warnings delivered to the individual, enable the defendant under otherwise compelling circumstances to tell his story without fear, effectively, and in a way that eliminates the evils in the interrogation process.
As the California Supreme Court has aptly put it: Prosecutors themselves claim that the admonishment of the right to remain silent, without more, "will benefit only the recidivist and the professional.
We have undertaken a thorough reexamination of the Escobedo decision and the principles it announced, and we reaffirm it. The change in the English criminal procedure in that particular seems to be founded upon no statute and no judicial opinion, but upon a general and silent acquiescence of the courts in a popular demand.
Procedural safeguards must be employed to [p] protect the privilege, and unless other fully effective means are adopted to notify the person of his right of silence and to assure that the exercise of the right will be scrupulously honored, the following measures are required.View and Download Hyundai Santa Fe owner's manual online.
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