Confessions and Police Detention: Hearings Before the Subcommittee on Constitutional Rights of the Committee on the Judiciary, United States Senate, Eighty-fifth Congress, Second Session, Pursuant to S. Res. 234, a Study of the Constitutional Aspects of Police Detention Prior to Arraignment and of Confessions Obtained from Suspects During Such Detention. March 7 and 11, 1958U.S. Government Printing Office, 1958 - 770 sider |
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Side 2
... periods of unnecessary delay between arrest and arraign- ment . It was this rule that was affirmed recently in the Mallory case and which is often referred to as the Mallory rule , although it could more properly be called the McNabb ...
... periods of unnecessary delay between arrest and arraign- ment . It was this rule that was affirmed recently in the Mallory case and which is often referred to as the Mallory rule , although it could more properly be called the McNabb ...
Side 3
... period after arrest . The Federal re- quirement , to which I have just referred , is merely a rule of procedure embodied in rule 5 of the Federal Rules of Criminal Procedure . Until recently there was no connection between the test of ...
... period after arrest . The Federal re- quirement , to which I have just referred , is merely a rule of procedure embodied in rule 5 of the Federal Rules of Criminal Procedure . Until recently there was no connection between the test of ...
Side 11
... period as is necessary to get from him a solu- tion of a crime ; but at the same time , while professing deference to this prin- ciple , point out that it is highly inconvenient for the solution of crimes , and should in practice be ...
... period as is necessary to get from him a solu- tion of a crime ; but at the same time , while professing deference to this prin- ciple , point out that it is highly inconvenient for the solution of crimes , and should in practice be ...
Side 28
... period before Congress requires the prisoner to be brought to a United States commissioner . Then the officials have a strong practical reason for prolonging his detention until they find out whatever they want to learn . A second ...
... period before Congress requires the prisoner to be brought to a United States commissioner . Then the officials have a strong practical reason for prolonging his detention until they find out whatever they want to learn . A second ...
Side 40
... period is usually over at this point . The investigation into Lawless Enforcement of Law conducted for the Wickersham Commission showed that out of 106 cases reported between 1920 and 1930 in appellate courts where use of the third ...
... period is usually over at this point . The investigation into Lawless Enforcement of Law conducted for the Wickersham Commission showed that out of 106 cases reported between 1920 and 1930 in appellate courts where use of the third ...
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admissible admitted appellant applied arrested person arresting officers bill Carignan certiorari charge circumstances Committee committing magistrate confession obtained Congress constitutional rights conviction counsel Court of Appeals crime criminal law Criminal Procedure custody defendant delay in arraignment denied detained dissenting District Court District of Columbia due process excluded exclusionary rule fact federal courts Federal Rules fession fifth amendment fourth amendment Government guilty illegal detention inadmissible innocent interrogation investigation judicial jury Justice L.Ed law enforcement Law of Arrest Lewis Carroll liberty Mallory decision Mallory rule McNabb doctrine McNabb rule ment Mitchell morning murder offense opinion petitioner police officers prisoner probable cause problem protection purpose question reasonable rule of evidence Rules of Criminal S.Ct search and seizure SLAYMAN statement statute Supreme Court suspect suspicion taken testimony tion Trilling U.S. App United States Attorney United States Code United States Commissioner unlawful detention unnecessary delay unreasonable Upshaw violation voluntary warrant
Populære avsnitt
Side 550 - The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man's spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the Government, the right to be let alone — the most comprehensive...
Side 602 - An officer making an arrest under a warrant issued upon a complaint or any person making an arrest without a warrant shall take the arrested person without unnecessary delay before the nearest available commissioner or before any other nearby officer empowered to commit persons charged with offenses against the laws of the United States. When a person arrested without a warrant is brought before a commissioner or other officer, a complaint shall be filed forthwith.
Side 744 - ... 1. For a public offense committed or attempted in his presence. "2. When a person arrested has committed a felony, although not in his presence. "3. When a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.
Side 254 - ... cause for detaining arrested persons, constitutes an important safeguard— not only in assuring protection for the innocent but also in securing conviction of the guilty by methods that commend themselves to a progressive and self-confident society. For this procedural requirement checks resort to those reprehensible practices known as the "third degree" which, though universally rejected as indefensible, still find their way into use.
Side 283 - If letters and private documents can thus be seized and held and used in evidence against a citizen accused of an offense, the protection of the fourth amendment declaring his right to be secure against such searches and seizures is of no value, and, so far as those thus placed are .concerned, might as well be stricken from the Constitution.
Side 12 - It was done so that an objective mind might weigh the need to invade that privacy in order to enforce the law. The right of privacy was deemed too precious to entrust to the discretion of those whose job is the detection of crime and the arrest of criminals.
Side 709 - When the defendant is brought before a magistrate upon an arrest either with or without warrant on a charge of having committed a crime, the magistrate must immediately inform him of the charge against him, and of his right to the aid of counsel in every stage of the proceedings, and before any further proceedings are had.
Side 365 - He shall also inform the defendant that he is not required to make a statement and that any statement made by him may be used against him.
Side 735 - The defendant must in all cases be taken before the magistrate without unnecessary delay, and, in any event, within two days after his arrest, excluding Sundays and holidays...
Side 463 - But justice, though due to the accused, is due to the accuser also. The concept of fairness must not be strained till it is narrowed to a filament. We are to keep the balance true.