Supreme Court Decisions: Hearings Before the Special Subcommittee to Study Decisions of the Supreme Court of the United States of the Committee on the Judiciary ... on the Decision in the Case of Mallory Vs. United States, 354 U.S. 449U.S. Government Printing Office, 1958 - 297페이지 Committee Serial No. 12. Examines Supreme Court decisions' impact on criminal law enforcement procedures and state sedition laws, and considers related legislation. Includes report by the American Bar Association's Committee on the Bill of Rights "Statement on H.R. 3690 -- A Bill to Safeguard the Admission of Evidence in Certain Cases," May 15, 1944 (p. 239-297). |
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자주 나오는 단어 및 구문
14th amendment accused admissible AHERN amendment arrested person arresting officer believe bill Chairman charged CHUDOFF coercion commissioner committed committee CONGRESS THE LIBRARY constitutional conviction course CRAMER Criminal Procedure Crooker custody defendant delay in arraignment Diana Johnson District of Columbia Edwin E effect EHRLICH evidence fact Federal Rules fession FOLEY GASCH gentleman guilty hearing innocent interrogation investigation involved judge jury Justice KEATING LAUGHLIN law enforcement law-enforcement officers LEACH legislation LIBRARY OF CONGRESS magistrate Mallory decision McNabb ment MOORE murder offense OLNEY opinion PARKER Police Department police headquarters police officers police procedure practice prisoner probable cause problem prosecution protect question rape reasonable record robbery ROGERS Rules of Criminal Smith Act statement statute Steve Nelson subcommittee Supreme Court suspect talk thing tion trial United States attorney unnecessary delay Upshaw violation voluntary confession WILLIS witness words WYMAN
인기 인용구
116 페이지 - An officer making an arrest under a warrant issued upon a complaint or any person making an arrest without a warrant shall take the arrested person without unnecessary delay before the nearest available commissioner or before any other nearby officer empowered to commit persons charged with offenses against the laws of the United States. When a person arrested without a warrant is brought before a commissioner or other officer, a complaint shall be filed forthwith.
102 페이지 - Amendment declaring his right to be secure against such searches and seizures is of no value, and, so far as those thus placed are concerned, might as well be stricken from the Constitution. The efforts of the courts and their officials to bring the guilty to punishment, praiseworthy as they are, are not to be aided by the sacrifice of those great principles established by years of endeavor and suffering which have resulted in their embodiment in the fundamental law of the land.
102 페이지 - Presumably, whomever the police arrest they must arrest on "probable cause." It is not the function of the police to arrest, as it were, at large and to use an interrogating process at police headquarters in order to determine whom they should charge before a committing magistrate on "probable cause.
258 페이지 - Acting under the immediate influence of this injunction, they must have felt with peculiar force the obligation of providing efficient means by which this great Constitutional Privilege should receive life and activity ; for if the means be not in existence, the Privilege itself would be lost, although no law for its suspension should be enacted. Under the impression of this obligation they give to all the Courts the power of awarding Writs of Habeas Corpus.
254 페이지 - Of great importance to the public is the preservation of this personal liberty : for if once it were left in the power of any, the highest, magistrate to imprison arbitrarily whomever he or his officers thought proper, as in France it is daily practised by the Crown, there would soon be an end of all other rights and immunities.
97 페이지 - He shall also inform the defendant that he is not required to make a statement and that any statement made by him may be used against him.
182 페이지 - ... does not call for mechanical or automatic obedience. Circumstances may justify a brief delay between arrest and arraignment, as for instance, where the story volunteered by the accused is susceptible of quick verification through third parties. But the delay must not be of a nature to give opportunity for the extraction of a confession.
119 페이지 - ... to take the defendant before the nearest circuit court commissioner or the nearest judicial officer having jurisdiction under existing laws for a hearing, commitment, or taking bail for trial...
102 페이지 - ... those who execute the criminal laws of the country to obtain conviction by means of unlawful seizures and enforced confessions, the latter often obtained after subjecting accused persons to unwarranted practices destructive of rights secured by the Federal Constitution, should find no sanction in the judgments of the courts which are charged at all times with the support of the Constitution and to which people of all conditions have a right to appeal for the maintenance of such fundamental rights.
251 페이지 - (A)ny system of administration which permits the prosecution to trust habitually to compulsory self-disclosure as a source of proof must itself suffer morally thereby. The inclination develops to rely mainly upon such evidence and to be satisfied with an incomplete investigation of the other sources.