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Admissibility Model Of Miranda

486 Words2 Pages

The constitutional issue being decided in this case is the admissibility of statements obtained from a defendant questioned before he was in police custody. (Hall, 2015). The defendant was not read his Miranda rights at the beginning of his interrogation or questioning. Although the defendant gave incriminating statements they would be inadmissible at trial until the point that his Miranda rights were read. After the defendant confessed to killing the victim question 3 states that Officer Norman restrained him. He then retrieved the bat and asked Tom why he killed the victim, at this point the motive was taken unconstitutionally. Confessions and admissions to of guilt is controversial. Congress reacted to McNabb- Mallory and Miranda by enacting …show more content…

(Mannheime, 2016). Evidence excluded from trials because it is unconstitutionally obtained and evidence that is excluded because it would be unconstitutional to use it. Evidence obtained unconstitutionally is governed by 2 theories. One the evidence is excluded because the police have obtained it unconstitutionally and exclusion is thought to be desirable to deter police behavior in the future by precluding a benefit from the conduct. The other theory the evidence is excluded because the constitution guarantees the defendant a procedural right to exclude the evidence. Again, the evidence would be suppressed because the defendant was not read his Miranda rights while being questioned. The exclusion to this would be the age of the defendant while confessing. (Burke, 2005). Under the totality of the circumstances test factors such as age, experience, education, background, and intelligence are considered to the circumstances surrounding the confession. The Miranda decision states that an officer does not have to interrupt a confession to read the Miranda

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