No more Miranda?

andie nachgeborenen andie_nachgeborenen at yahoo.com
Mon Dec 2 14:00:49 PST 2002



> =====================
>
> How can you know the admission is true if it's
> coerced?

That goes to weight, not admissibility. The plaintiff wants to keep the admission out under the exclusionary rule because he wasn't Mirandized. If I was the judge, I'd say the exclusionary rule doesn't apply here here, let it in, and let the parties argue the likelihoods.

The guy was shot in the face. If I was shot
> in the face I'd be saying anything to a cop using
> his power to interfere with pain relief to get me
> to talk. How about you? Or would you be thinking
> about the correspondence theory of truth at that
> point?

That might be a very telling point to make to a jury. Shouldn't they be the ones to decide?

jks
>
> Ian
>

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