Miranda v. Arizona · ¶208
Today’s result would not follow even if it were agreed that to some extent custodial interrogation is inherently coercive. See Ashcraft v. Tennessee, 322 U. S. 143, 161 (Jackson, J., dissenting). The test has been whether the totality of circumstances deprived the defendant of a “free choice to admit, to deny, or to refuse to answer,” Lisenba v. California, 314 U. S. 219, 241, and whether physical or psychological coercion was of such a degree that “the defendant’s will was overborne at the time he confessed,” Haynes v. Washington, 373 U. S. 503, 513; Lynumn v. Illinois, 372 U. S. 528, 534. The duration and nature of incommunicado custody, the presence or absence of advice concerning the defendant’s constitutional rights, and the granting or refusal of requests to communicate with lawyers, relatives or friends have all been rightly regarded as important data bearing on the basic…Read in context ›
U. S. Reports, bound volume
U. S. Reports, volume 384, at 436 (Library of Congress) · transcription: Caselaw Access Project
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