April 15, 2003

Arrest & Confessions

In Scope of 'Miranda' Rule Up for High Court Discussion, Tony Mauro, American Lawyer Media, discusses how the US Supreme Court is set to review the cases involving Miranda v. Arizona, 384 U.S. 436 (1966), and the Constitutional implications of suppressing evidence discovered in confessions not complying with the 'Miranda' Rule. Although Miranda is frequently cited by Texas citizens, Texas actually has a statutory provision dealing with the admissibility of confessions, Art. 38.22, Texas Code of Criminal Procedure, which provides for safeguards that exceed those required by Miranda. See also, Art. 38.23, which deals with the suppression of evidence procured through unlawful means by any person, not just police officers. This too is greater protection than the US Supreme Court has established to be required by the provisions of the US Constitution. However, any pronouncement of supposed Constitutional magnitude is noteworthy.

Posted by Tiger at April 15, 2003 12:07 PM
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