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Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P36

Gale Encyclopedia of American Law Volume 3 P36 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 338 CUSTODIAL INTERROGATION After a person has been taken into custody by law enforcement officials he must be advised of his constitutional rights before the officals begin an interrogation. AP IMAGES Since Miranda was decided state and federal courts have struggled with a number of issues with regard to its application including when a suspect is deemed to be in custody and thus entitled to the warnings required by Miranda and when a suspect will be deemed to have waived the right to have an attorney present during questioning. Some recent decisions by the U.S. Supreme Court have attempted to answer these difficult questions. In Stansbury v. California 511 U.S. 318 114 S. Ct. 1526 128 L. Ed. 2d 293 1994 the Court considered whether a police officer s subjective and undisclosed opinion concerning whether a person who had been questioned had been a suspect was relevant in determining whether that person had been in custody and thus entitled to the Miranda warnings. In 1982 Robert Stansbury was convicted of first-degree murder rape kidnapping and a lewd act on a child under the age of 14. The morning after ten-year-old Robyn Jackson had disappeared from a Baldwin park California playground a witness in pasadena California had observed a large man leaving a turquoise car and throwing something into a nearby flood-control channel. The witness called the police who discovered Jackson s body in the channel. She had been raped strangled and struck on the head with a blunt instrument. The police later learned that Jackson had talked to two ice-cream truck drivers one of whom was Stansbury shortly before she disappeared. Officers went to Stansbury s home and asked Stansbury to go to the police station to answer some questions concerning their investigation into Jackson s murder. Stansbury agreed and accepted a ride to the station in a police car. At the police station Stansbury was questioned about his whereabouts and activities on the day Jackson s body was discovered. .