This comprehensive guide offers the attorney an expert perspective on the complex area of criminal law involving police interrogations and confessions. Beginner and seasoned attorneys alike will find it to be an invaluable addition to their libraries.
Chapter 1: The Rights of a Person Who Has Been Arrested
Explains in a step-by-step manner the various rights of a person who has been arrested: Miranda rights, the right to notice of the crime charged, the right to counsel, bail, the booking process, the right to prompt presentment in court, use of the telephone, and the right to an independent medical examination.
Chapter 2: The Miranda Doctrine
Offers the reader an extensive examination of the Miranda Doctrine, including the meaning of "custody" and "interrogation", the form of the Miranda warning, waivers, consideration of whether Miranda warnings should be simplified, the special issue of waiver by juveniles, and the responsibilities of the motion judge and the trial judge.
Chapter 3: The Voluntariness Doctrine
Examines in detail the voluntariness doctrine-its history, its relationship with the Miranda doctrine, and federal law versus Massachusetts law and explanation of each.
Chapter 4: The Exclusionary Rule
Covers the convergence and divergence between state and federal law application of the exclusionary rule in cases involving confessions resulting from the new judicial federalism.
Chapter 5: False Confessions
Offers explanations and examples of the three basic categories of false confessions: voluntary false confessions, compliant false confessions, and internalized false confessions; as well as the factors that may contribute to false confessions and review of proposals for reform.
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