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, 1958
U.S. Government Printing Office, 1958 - 770 sider
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accused admissible admitted amendment appears appellant apply arraignment arrest arrested person Attorney authority believe bill brought Chairman charged circumstances commissioner Committee committing committing magistrate confession Congress considered constitutional conviction counsel course crime criminal Criminal Procedure custody decision defendant delay denied detention determine District of Columbia effect evidence examination excluded fact Federal give given Government guilty hearing held hold illegal important inadmissible individual innocent interrogation involved issue Judge judicial jury Justice LANGER law enforcement liberty Mallory matter McNabb McNabb rule means ment morning murder necessary obtained offense officers opinion period person police police officers practice present prisoner privilege probable cause problem protection question reasonable record result rule Senator statement statute Supreme Court suspect taken tion trial United unnecessary delay violation voluntary warrant witness
Side 586 - 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 472 - But, 1 know also, that laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change with the change of circumstances, institutions must advance also, and keep pace with the times.
Side 538 - 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 728 - ... 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 670 - no person shall be disqualified as a witness, in any civil action or proceeding, by reason of his interest in the event of the same, as a party, or otherwise, or by reason of his conviction of a crime ; but, such interest or conviction may be shown for the purpose of affecting his credibility.
Side 271 - 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 353 - 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 719 - 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 29 - No free man shall be taken or imprisoned or dispossessed, or outlawed, or banished, or in any way destroyed, nor will we go upon him, nor send upon him, except by the legal judgment of his peers or by the law of the land.
Side 691 - If the court grants a motion based on a defect in the institution of the prosecution or in the indictment or information, it may also order that the defendant be held in custody or that his bail be continued for a specified time pending the filing of a new indictment or information. Nothing in this rule shall be deemed to affect the provisions of any act of Congress relating to periods of limitations.