Chavez V. martinez, the fifth amendment, and police questioning: "no one watches as the ambulance pulls away"

Recently, the Supreme Court of the United States decided the case of Chavez v. Martinez (2003). This case focused the constitutionality of a Miranda-less police questioning of a wounded man who was never charged with a crime. The Court held that such police action does not violate the Fifth Amendmen...

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Bibliographic Details
Published in:Criminal justice studies 2003-12, Vol.16 (4), p.339-353
Main Author: Hughes, Tom Tad
Format: Article
Language:English
Subjects:
Constitution
Constitutional amendments
Criminal investigation
Criminal justice
Criminal law
Criminal procedure
Criminology
Decisions
Fifth amendment
Interrogation
Judicial process
Judiciary
Law
Law enforcement
Legal systems
Miranda
Police
Police liability
Police questioning
Self-incrimination
Supreme court
U.S.A
United States
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Summary:Recently, the Supreme Court of the United States decided the case of Chavez v. Martinez (2003). This case focused the constitutionality of a Miranda-less police questioning of a wounded man who was never charged with a crime. The Court held that such police action does not violate the Fifth Amendment right against self-incrimination. This paper will first explore the topic of police interrogations. Second, the legal rules relating to interrogations will be examined. Last, the case of Chavez v. Martinez (2003) will be reviewed in detail and its policy implications discussed.
ISSN:1478-601X
1478-6028
DOI:10.1080/0888431032000183533