 | United States. Supreme Court - 1981 - 954 lapas
...in North Carolina v. Butler, 441 US, at 373, that the question whether the accused waived his rights "is not one of form, but rather whether the defendant...waived the rights delineated in the Miranda case." Thus, the determination whether statements obtained during custodial 707 Opinion of the Court interrogation... | |
 | Gerald M. Caplan - 1995 - 30 lapas
...evidence"). In North Carolina v. Butler, 441 US 369, 373, (1979), the Supreme Court stated that the waiver question "is not one of form, but rather whether the...defendant in fact knowingly and voluntarily waived [his] rights...." The Supreme Court in Miranda stated that the government has the "heavy burden" of... | |
 | James R. Acker, David C. Brody - 2004 - 1342 lapas
...in North Carolina v. Butler, 441 US, at 373, that the question whether the accused waived his rights "is not one of form, but rather whether the defendant...waived the rights delineated in the Miranda case." Thus, the determination whether statements obtained during custodial interrogation are admissible against... | |
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The question is not one of form, but rather whether the defendant in fact knowingly and voluntarily waived the rights delineated in the Miranda case. 