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Supreme Court — Part 16
Page 32
32 / 130
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| More
About “~ Lu
(Continued from, Page 1) evidence against him, and that|decision. He said the police de-,
accounts of the opinion, ie has a Fh 0 the presence|partment would await legal ad-
confessions for all practical pur. of an attorney, either retained) vice and then ‘make any ad-
poses are out in all eriminal|° 2Ppcimted.” justments in procedure as seems
prosecutions.” —"The defendant may waive necessary.
iar effectuation of these rights, pro-| COMMENTING on the second
said ae eet with bore vided the waiver is made volun-|point, relative to a defendant’s
fessions in criminal trial," de- tarily, knowingly and intelli-lright to counsel in the police
* clared Corbin. , gently.” . finterrogation room, Cordova!
“God help us,” added Corbin.) —‘If, however, he indicates in
{God help the public. I sincerely|@0y manner and at any stage] “If the opinion holds that
mean this.” of jhe process t that he ¥ wishes to ene regan of his lib-
Corbin said an air mail re- : y beforejerty while being questioned b
quest has been made Wash. speaking there can be no ques-lofficers during the investigatory
ington for an official copy ofj..) e 1 ewise, if the individ-|stage, and prior to being ac-
the opinion. He said it is hoped) alone and indicates injcused or charged, is entitled to.
it will arrive today. my manner that he does noticourt-appointed counsel at the
" — wish to be interrogated, the po-lexpense of the state, then for.
The high court’s decision is|lice may not question him.” all practicat purposes, in any
meant to provide firm guidelines eriminal nrosecution use
ide Phoenix Police Chief Paullewdence cf an sdmiision or a!
to police, the judiciary and pros- e aul evidence dmis
jecutors on Just what is Jegal|Blubaum took a ‘wait and see” confession would ‘be the rare ex.
"| in the question of self-incrimina-|attitude toward the high court!ception and 1 "
‘ltory statements by criminal de- ‘gh - EP and not the rule.
fendants. i
IT IS common knowledge in
legal circles that the court un-
dertook the present decision in .
order to clarify confusion caused
by the Escobedo decision. Thelp
decision gave the right to a sus-/,
pect to demand and be repre-|'
sented by an attorney at inter-/!
rogations. I
- Monday’s decision contains]!
these key legal points:
—"The prosecution may not
use statements, whether excul-
patory or inculpatory, stem-
ming from custodial interroga-
‘tion of the defendants unless it
Idemonstrates the use of pro-
cedural safeguards effective to
secure the privilege against self-
incrimination.” -
— “PRIOR TO any questioning
the person must be warned that
he has the right to remain
silent, that any statement he
does make may be used as
el eee eee ee ae ean
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