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Preventing foolish (rather than compelled) confessions is likewise the only conceivable basis for the rules that courts must exclude any confession elicited by questioning conducted, without interruption, after the suspect has indicated a desire to stand on his right to remain silent or initiated by police after the suspect has expressed a desire to have counsel present.
The reason the statement does not appear is not only (and perhaps not so much) that it would be absurd, inasmuch as 3501 excludes from trial precisely what the Constitution excludes from trial, viz., compelled confessions; but also that justices whose votes are needed to compose today's majority are on record as believing that a violation of Miranda is not a violation of the Constitution.
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Thus, what is most remarkable about the Miranda decision -- and what made it unacceptable as a matter of straightforward constitutional interpretation in the Marbury tradition -- is its palpable hostility toward the act of confession per se, rather than toward what the Constitution abhors, compelled confession.
Others report being whipped with wire, having their face pressed into coals, and being administered hallucinatory drugs to compel confession.
Now that the freshness is gone, it seems downright sadistic for Zach to compel these confessions.
And if confessions procured in violation of Miranda are confessions compelled in violation of the Constitution, the post-Miranda decisions I have discussed do not make sense.
Is it fine for everyone else? Fairness compels the confession that political writers in the state would love to cover, say, the first big Eastern state presidential primary, which now goes to Pennsylvania, on the third Tuesday of April.
For example, a police officer who compels a confession from a suspect or extorts money steps outside the limits of the legitimate authority usually accorded to the police; the officer thereby engages in coercion, which is the opposite of authority where the presence of a normative relationship is involved.
The judge, Abolghassem Salavati, is known for condemning dissidents to death and for having presided over a mass trial in which scores of activists and journalists were compelled to give televised confessions.
According to earlier published accounts, Ogorodnik was compelled to sign a confession while in custody.
The glasses are primed for a toast when one of the guests feels compelled to make a terrible confession.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com