Week 2 PowerPoint

Week 2 PowerPoint - COR 835 L AW & E THICS IN C...

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Unformatted text preview: COR 835 L AW & E THICS IN C ORRECTIONAL & J UVENILE J USTICE Week TWO Eastern Kentucky University P OLICE P OLICE & J UVENILES Totality of Circumstances Test: Juveniles age Prior record Maturity Education Presence of parent/guardian Largely a 5 th amendment issue. Protections from self-incrimination. Can juveniles waive their rights? It depends. V OLUNTARINESS T EST The Common Law Rule Historically, all confessions were admissible at trial, the thought being that a suspect will not confess unless he is truly guilty . Thus, even confessions resulting from torture were admissible. This practice begin to change prior to the middle of the 18 th century when English judges began requiring proof that statements were made "voluntarily" and without improper inducements. B ROWN V . M ISSISSIPPI (1936) The Supreme Court first barred a confession from being used in state courts. The suspects confessed after brutal beatings. The Supreme Court held the statements were not voluntary and their use at trial violated the fourteenth amendment's due process clause. J UVENILE R IGHTS P RE-M IRANDA Long before Miranda, the Supreme Court cautioned trial judges to closely scrutinize the impact of youthfulness and inexperience on the voluntariness of juveniles' confessions in Haley v. Ohio and in Gallegos v. Colorado . Haley v. Ohio (1948) The due process clause of the 14 th amendment prohibit the use of coerced confessions against a juvenile The Court had long recognized that children are not the equals of adults in the interrogation room and that they require greater procedural safeguards, such as the presence of a parent or an attorney, to compensate for their vulnerability and susceptibility to coercive influences Gallegos v. Colorado (1962) MIRANDA V . ARIZONA (1963) You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to talk to a lawyer and have him present with you during questioning. If you cannot afford a lawyer, one will be appointed to represent you, if you wish. MIRANDA V . ARIZONA (1966) US Supreme Court in a 5-4 decision "the marriage of the 5th and 6th Amendment" FIFTH AMENDMENT Malloy v. Hogan (1964) SIXTH AMENDMENT Escobedo v. Illinois (1964) M IRANDA I MPLICATIONS Miranda is a "bright line" rule (beyond which nobody should cross) intended to forever extinguish the use of COERCION but allowing PRESSURE. Purpose of Miranda: to neutralize the distinct psychological disadvantage that suspects are under when dealing with police. M IRANDA I MPLICATIONS CUSTODY + INTERROGATION = MIRANDA Warnings are required only before custodial interrogation....
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Week 2 PowerPoint - COR 835 L AW & E THICS IN C...

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