Miranda v. Arizona · ¶181

The law of the foreign countries described by the Court also reflects a more moderate conception of the rights of the accused as against those of society when other data are considered. Concededly, the English experience is most relevant. In that country, a caution as to silence but not counsel has long been mandated by the “Judges’ Rules,” which also place other somewhat imprecise limits on police cross-examination of suspects. However, in the court’s discretion confessions can be and apparently quite frequently are admitted in evidence despite disregard of the Judges’ Rules, so long as they are found voluntary under the common-law test. Moreover, the check that exists on the use of pretrial statements is counterbalanced by the evident admissibility of fruits of an illegal confession and by the judge’s often-used authority to comment adversely on the defendant’s failure to testify.

U. S. Reports, bound volume
U. S. Reports, volume 384, at 436 (Library of Congress) · transcription: Caselaw Access Project
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