Recently Maryland v. Schatzer argued that the US Supreme Court did not charge any further doubt to call Miranda's defense counsel's right. As long as waiting until 14 days after allegations are released from police questions, police ask the suspect again and there is no counsel.
Miranda case
"You have a lawyer's right." These words mean more than the final scene of the popular television police show. It is part of carefully defined measures to protect the suspect's constitutional rights.
In Miranda, Arizona In 1966, the Supreme Court acknowledged the concern of "essentially forced pressure" to face when interrogating during police detention. In order not to overwhelm the suspect's right to the fifth amendment provision, the Court of Appeal established a rule that police officers must keep silent on suspects and be informed of the right to send lawyers.
The suspects,
- Call up the right to leave it silent. In that case, interrogation must end
- Call attorney's right. In that case, we have to stop interrogating until a lawyer is present
- We abandon both rights. Abandonment is intellectual, intellectual and voluntary, and it is conditional that interrogation is continued
In the case of Edwards
In 1981, the court added another protective layer to the suspect and worked on the attempt to interrogate the subsidiary. The Supreme Court in Edwards, Arizona states that, unless the accused himself starts contacting himself after the suspects activate the defense, the suspect says "The jurisdiction will change until the defense counsel becomes available We will not get interrogated, "he said, exchanges, and conversations with the police.
The court asserted that if the authorities were permitted residual inquiries, the acquired waiver was a result of "essentially forced pressure" and was therefore not voluntary.
Shutter case
In February 2010, the Supreme Court reviewed the matter of Maryland v. Schatzer's case. In 2003, the police were investigating Michael Schatzer in prison for a preliminary conviction. When the police detective questioned Schatzer, he called for the lawyer's right. The interview was canceled and Schatzer returned to prison.
In 2006 another detective resumed this case. He again read his Miranda right Shatzer, this time Shatzer abandoned his rights and committed himself. Mr. Shatzer argued that it can not be used in court because it is not required even without an attorney after invoking the defense right in 2003, he said. It was detained for Miranda purposes.
Request after being restrained
The Supreme Court explained that the dangers that the Edwards ruling was trying to avoid were continually bound and suspected of losing control if repeatedly interrogated even with the counsel's request. Therefore, the court found a small risk that the allegations were first released from pretrial detention and the consequential abandonment would be forced when given time to return to normal living.
The judge of Scalia who wrote the majority described the disgusting feeling to deter voluntary confessions as "undisturbed". The court concluded that Miranda's protection is adequate even if the suspects requested a lawyer and were reappointed without a lawyer. However, for a sufficiently long time to dissipate the mandatory influence during detention,
Constraint period
Prior to asking whether the two and a half vacation was a sufficient vacation, the court took a rare step to set the time necessary for the break, rather than just deciding on the question. The court said that he will return to normal living for 14 days, consult with his family and counsel, and provide enough time to eliminate the binding mandatory influence.
What is being detained?
In addition, the court discussed whether Schatzer returned to prison and was detained for the purpose of Miranda. The court responded that legitimate imprisonment arising from conviction does not present a compulsory pressure on Miranda custody.
When the alleged imprisonment is released from the question, they return to their trusted environment and routines and they have the same amount of control in their life as they had before the interrogation It is. Because continued detention is independent of the question, the court found that the pressure of mandatory detention ceased back to the general prison population.
The influence of Schatzer
Even if the suspects request a counsel, the police may try to interrogate as long as they wait 14 days for trials without a lawyer. The court revealed how long these 14 day challenges lasted.
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