Mallory v. United States
Omnibus Crime Control And Safe Street Acts Of 1968
Generally viewed as legislation passed by Congress to curtail the impact of Miranda v. Arizona, this act states that a confession is admissible as evidence if voluntarily given by the suspect.
It is up to the trial judge to determine if the confession was voluntary after considering the amount of time that elapsed between the arrest and arraignment of the defendant making the confession, if the confession was made after arrest and before arraignment; if the suspect was clearly aware of the nature of the criminal offense at the time the suspect was charged or while making the confession; if the suspect realized he was not compelled to make a statement, and if he did, that the statement could be used against him in court; if the suspect was aware of his right to counsel; and finally, whether the suspect made the confession without the presence of counsel.
Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1954 to 1962Mallory v. United States - Significance, Supreme Court Formulates Mcnabb-mallory Rule, Omnibus Crime Control And Safe Street Acts Of 1968