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Oregon v. Elstad


The right to remain silent as a privilege against self-incrimination is one of the core components of the notion of freedom in the American society. The key element for judging admissibility of confessions was the question of coercion and voluntariness. In Oregon v. Elstad, the Supreme Court found that the issue of voluntariness was essential for a confession to be admitted in evidence. The Court also ruled that an incriminating confession might be voluntary even though it was obtained without Miranda warnings. Though dissenting justices opposed this point of jurisprudence, the Court affirmed the importance of voluntariness in obtaining confessions despite the presumption of compulsion and the "bright-line" rule of Miranda was upheld.

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Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1981 to 1988Oregon v. Elstad - Miranda Warnings, Inadmissible Confessions?, The Second Confession Is Admissible, Dissenting Opinions, Impact, Further Readings