Presuming waiver from a silent record is impermissible. The record must show, or there must be an allegation and evidence which show, that an accused was offered counsel but intelligently and understandingly rejected the offer. Anything less is not waiver. The Psychology and Law of Criminal Justice Processes - Side 205av Roger J. R. Levesque - 2006 - 723 siderBegrenset visning - Om denne boken
| United States. Congress. Senate. Judiciary - 1967 - 1318 sider
...obtained. A statement we made in Carnlcy v. Cochran, 369 US 506, 516 ( 1902 ) . is applicable here : "Presuming waiver from a silent record is impermissible....rejected the offer. Anything less is not waiver." See also Olasxer v. United States. 315 US 60 (1942). Moreover, where in-custody interrogation is involved,... | |
| United States. Congress. Senate. Committee on the Judiciary - 1968 - 1332 sider
...eventually obtained. A statement we made in Carnley v. Cochran, 369 US 506, 516 (1962), is applicable here: "Presuming waiver from a silent record is impermissible....rejected the offer. Anything less is not waiver." 619 some information on his own prior to invoking his right to remain silent when interrogated." Whatever... | |
| United States. Congress. Senate. Judiciary - 1968 - 1834 sider
...eventually obtained. A statement we made in Carnley v. Cochrnn, 369 US 506, 516 (1962), is applicable here: "Presuming waiver from a silent record is impermissible....rejected the offer. Anything less is not waiver." some information on his own prior to invoking his right to remain silent when interrogated." Whatever... | |
| United States. Congress. Senate. Committee on the Judiciary - 1968 - 1430 sider
...eventually obtained. A statement we made in Carnley v. Cochran, 369 US 506, 516 (1962), is applicable here: "Presuming waiver from a silent record is impermissible....rejected the offer. Anything less is not waiver." some information on his own prior to invoking his right to remain silent when interrogated." Whatever... | |
| United States. Congress. House. Committee on the Judiciary - 1974 - 1126 sider
...Public Utilities Comm'n, 301 US 292, 907 (1937). In Carnley v. Cochran, 369 US 506 (1002), we held: "Presuming waiver from a silent record is impermissible....accused was offered counsel but intelligently and understandably rejected the offer. Anything less is not waiver." Id., at 516. The Court has ruled similarly... | |
| United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime - 1974 - 1136 sider
...Public Utilities Comm'n, 301 US 292, .'107 (1937). In Carnley v. Cochran, 369 US 506 (1002), we held: "Presuming waiver from a silent record is impermissible....accused was offered counsel but intelligently and understandably rejected the offer. Anything less is not waiver." Id., at 516. The Court has ruled similarly... | |
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