[T]he defendant, while in police
custody, was questioned by police
interrogation process. In all four
signed statements as well, which
were admitted at their trials. All
affirmed on appeal.
Under such circumstances, the proce-
are wholly absent.
The atmosphere and environment
it exists today is inherently intimi-
Unless adequate preventive mea-
sion inherent in custodial surround-
the Miranda warnings:
prior to interrogation, be clearly
informed that he has the right to
remain silent, and that anything
a lawyer and to have the lawyer with
pointed to represent him.
to or during questioning, that he
wishes to remain silent, the interro-gation;must;cease;;if;he;states;that;he
must cease until an attorney is present.
heavy burden rests on the Govern-
ment to demonstrate that the de-
(g) Where the individual answers
some questions during in-custody
to remain silent thereafter.
any;resulting;statement;cannot;be;admit-ted;at;trial.;Regarding;the;invocation;as-pect to Miranda,;“a;heavy;burden;rests;on
defendant knowingly and intelligently
current Supreme Court recently and pro-foundly;modified;the;invocation;aspect
9 While Miranda resulted
silent and right to counsel, Thompkins
removed this requirement completely.
aloud, the police can continue the inter-rogation;until;they;receive;an;“unambig-uous”;invocation;of;one’s;Miranda rights.
“Stop asking me questions,” perhaps,
Moreover, one invocation of Miranda
pect his Miranda warnings,;a;defendant’s
said.) It is “admissible hearsay” even if
are entitled to have an officer read you
place in a police station, unless you are
the police do not need to tell you what
it is not custodial.
b. No one but the Defendant determines
whether he testifies, unless. . .
13 The State can-not;reference;the;defendant’s;failure;to
One cannot be deprived of life,
liberty, or property, without due
process of law
The government cannot sweep in and
take;your;“life,;liberty,;or;property”;un-less there’s a process whereby you can as-sert;your;claims;against;whatever;it;is;the
In the criminal courts, the process is obvious, and has mostly been discussed in
or property can’t be invaded in a crimi-nal;investigation;absent;probable;cause,
your due process rights include grand
clear;but;no;less;important.;If;the;govern-ment;wants;to;take;away;your;driver’s;li-cense, you must have the ability to assert