By Armin Kaufmann (auth.)
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United States, People v. Lara, and Coyote v. United States. ’s request to speak to his probation officer was, per se, a reason to exclude his inculpatory statement. ” Factors that comprised the totality of circumstances in this landmark decision included the “juvenile’s age, experience, education, background, and intelligence and . . ” In rejecting the California appeals court’s reasoning (and consistent with the totality of circumstances perspective that would now apply to juveniles), it was noted that Michael C.
He has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he can’t afford an attorney one will be appointed for him prior to any questioning if he so desires (p. 479). Miranda does not prohibit police from questioning suspects. , 2007 for a review of case law in which courts have determined that confessions, under specific circumstances, may be admissible if given without prior administration of the Miranda warning).
United States, 1967; Jackson v. Denno, 1964). Defendants, under the due process clause of the Fourteenth Amendment, can challenge evidence offered against them, including questioning the circumstances under which a confession was obtained. In Lego v. S. Supreme Court held that to prove voluntariness, “the prosecution must prove at least by a preponderance of the evidence that the confession was voluntary. ” In Maine (State v. Mikulewicz, 1983), Minnesota (State v. Anderson, 1987) and New York (People v.