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Miranda Rights Eroded In New Jersey

By Lependorf & Silverstein

The New Jersey state Supreme Court has recently held that police did not have to re-administer Miranda warnings to a defendant once they let him know, mid-interrogation, he was under suspicion. In this case, the defendant was called and asked to come to the station house to discuss whether his uncle had sexually abused his 9 year old niece. The defendant was given the Miranda warnings but was not told that he was a possible suspect. After the brief statement, a conversation followed in which the defendant admitted that he had also sexually abused the victim. The interrogation resumed with no fresh warnings. The defendant went on to tell of the sexual abuse that he had committed on his niece. He later tried to retract the confession, claiming he falsely implicated himself to try to get help for his niece with regard to the abuse inflicted by his uncle...continue to full post

Full post as published by New Jersey Criminal Defense Blog on February 16, 2009 (boomark / email).