Last week I blogged about the Fifth Amendment, Miranda v. Arizona1, and the right to remain silent. This post will summarize how New Jersey’s privilege against self incrimination applies more broadly than federal law. Additionally, it will look at issues related to federalism.
Before an American court will admit a confession, the State must prove the police informed the individual of her rights. Additionally, the State must prove she knowingly, voluntarily, and intelligently waived her rights before she confessed. Indeed, these warnings negate perceptions related to psychological stress in police-controlled circumstances. This stress might compel a person to speak where she would not have spoken otherwise. Read more