Justice Brandeis wrote for a unanimous Court in reversing a conviction resting on a compelled confession, Wan v. At his trial, the State, over his objection, introduced the confession against him. This proposition applies with equal force in the context of providing counsel to protect an accused's Fifth Amendment privilege in the face of interrogation.
Therefore, we cannot say that the Constitution necessarily requires adherence to any particular solution for the inherent compulsions of the interrogation process as it is presently conducted.
Our decision is not intended to hamper the traditional function of police officers in investigating crime. The texts thus stress that the major qualities an interrogator should possess are patience and perseverance. Its general principles would have little value, and be converted by precedent into impotent and lifeless formulas.
It does mean, however, that, if police propose to interrogate a person, they must make known to him that he is entitled to a lawyer and that, if he cannot afford one, a lawyer will be provided for him prior to any interrogation. So let's sit here and talk this whole thing over.
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.
It is obvious that such an interrogation environment is created for no purpose other than to subjugate the individual to the will of his examiner. An individual need not make a pre-interrogation request for a lawyer.
Privacy results in secrecy, and this, in turn, results in a gap in our knowledge as to what, in fact, goes on in the interrogation rooms. Interrogation still takes place in privacy.
Opportunity to exercise these rights must be afforded to him throughout the interrogation. Our decision in no way creates a constitutional straitjacket which will handicap sound efforts at reform, nor is it intended to have this effect.
He must dominate his subject and overwhelm him with his inexorable will to obtain the truth. You knew him for what he was, no good. Although confessions may play an important role in some convictions, the cases before us present graphic examples of the overstatement of the "need" for confessions.
The abdication of the constitutional privilege -- the choice on his part to speak to the police -- was not made knowingly or competently because of the failure to apprise him of his rights; the compelling atmosphere of the in-custody interrogation, and not an independent decision on his part, caused the defendant to speak.
He can't hold Mutt off for very long. It is not just the subnormal or woefully ignorant who succumb to an interrogator's imprecations, whether implied or expressly stated, that the interrogation will continue until a confession is obtained or that silence in the face of accusation is itself damning, and will bode ill when presented to a jury.
Waterfront Comm'n, U. A mere [p] warning given by the interrogators is not alone sufficient to accomplish that end. 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.
Under the system of warnings we delineate today, or under any other system which may be devised and found effective, the safeguards to be erected about the privilege must come into play at this point.
He must interrogate steadily and without relent, leaving the subject no prospect of surcease. We are satisfied that all the principles embodied in the privilege apply to informal compulsion exerted by law enforcement officers during in-custody questioning.
In the preceding paragraphs, emphasis has been placed on kindness and stratagems. Joe, you probably didn't go out looking for this fellow with the purpose of shooting him. The police then persuade, trick, or cajole him out of exercising his constitutional rights. It is an act of [p] responsible citizenship for individuals to give whatever information they may have to aid in law enforcement.
Without this additional warning, the admonition of the right to consult with counsel would often be understood as meaning only that he can consult with a lawyer if he has one or has the funds to obtain one.
To summarize, we hold that, when an individual is taken into custody or otherwise deprived of his freedom by the authorities in any significant way and is subjected to questioning, the privilege against self-incrimination is jeopardized. In Malloy, we squarely held the [p] privilege applicable to the States, and held that the substantive standards underlying the privilege applied with full force to state court proceedings.
The cases before us, as well as the vast majority of confession cases with which we have dealt in the past, involve those unable to retain counsel. The whole thrust of our foregoing discussion demonstrates that the Constitution has prescribed the rights of the individual when confronted with the power of government when it provided in the Fifth Amendment that an individual cannot be compelled to be a witness against himself.
This case has been the subject of judicial interpretation and spirited legal debate since it was decided two years ago. Bella Rossi gets her huge boobs tied around and her snatch toyed Report 07ms.
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