Specify three types of situations where statements obtained in violation of Miranda, or evidence obtained from such a statement, can still be utilized as evidence. Do you agree or disagree that such exceptions to Miranda should be allowed? Explain your position
What will be an ideal response?
The types of situations where statements obtained in violation of Miranda, or
evidence obtained from such a statement that can still be used as evidence are: (1)
questioning on an unrelated offense after the suspect indicates desire to remain
silent, (2) after a knowing and voluntary waiver, questioning until the suspect clearly
requests a lawyer, (3) using a voluntary but inadmissible statement to impeach a
defendant's credibility, (4) using an inadmissible statement to obtain collateral
derivative evidence, (5) interrogating without informing the suspect of all crimes (6)
oral confessions are admissible, (7) confession admissible despite failure to inform
the suspect of a retained attorney, and (8) the physical fruits of an unwarned but
voluntary statement.
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What will be an ideal response?
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