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Fare Vs. Michael C.
Cites for this judgment
- US Supreme Court
- Jun 20, 1979
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Fare v. MichaelSearch
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C. - 442 U.S. 707 (1979) U.S. Supreme Court Fare v. MichaelSearch
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C., 442 U.S. 707 (1979) Fare v. MichaelSearch
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on suspicion of murder. Before being questioned at the station house, he was fully advised of his rights under Miranda v. ArizonaSearch
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U. S. 732 . Page 442 U. S. 709 MR. JUSTICE BLACKMUN delivered the opinion of the Court. In Miranda v. ArizonaSearch
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against him in the Juvenile Court proceedings. In so arguing, respondent relied by analogy on the decision in People v. BurtonSearch
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Cal.3d at 475-476, 579 P.2d at 9, quoting People v. BurtonSearch
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U. S. 714 , 420 U. S. 719 (1975) (emphasis in original). See North Carolina v. ButlerSearch
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against the accused, at least during the State's case in chief. Id. at 384 U. S. 479 . Cf. Harris v. NewSearch
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evidence even though the confession might be voluntary under traditional Fifth Amendment analysis. See Michigan v. TuckerSearch
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Cal.3d at 477, 579 P.2d at 10, quoting Miranda v. ArizonaSearch
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Beckwith v. UnitedSearch
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U.S. at 384 U. S. 475 . We noted in North Carolina v. ButlerSearch
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knowingly and voluntarily decided to forgo his rights to remain silent and to have the assistance of counsel. Miranda v. ArizonaSearch
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given him, the nature of his Fifth Amendment rights, and the consequences of waiving those rights. See North Carolina v. ButlerSearch
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s Fifth Amendment privilege. Id. at 765-766 (footnote omitted). It refused to extend the rule of People v. BurtonSearch
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s request to see his probation officer constituted an invocation of his Fifth Amendment rights. The decision in People v. RandallSearch
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show that they were the product of the voluntary decision of the accused to waive the rights he had asserted. People v. RandallSearch
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proceedings, which, for certain purposes, have been distinguished from formal criminal prosecutions. See McKeiver v. PennsylvaniaSearch
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MR. JUSTICE MARSHALL, with whom MR. JUSTICE BRENNAN and MR. JUSTICE STEVENS join, dissenting. In Miranda v. ArizonaSearch
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of the custodial setting is of heightened concern where, as here, a juvenile is under investigation. In Haley v. OhioSearch
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Id. at 332 U. S. 599 . The Court reiterated this point in Gallegos v. ColoradoSearch
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Cal.3d 471, 475-476, 579 P.2d 7, 9 (1978), quoting People v. BurtonSearch
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Chaney v. WainwrightSearch
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I decline to second-guess that court's assessment of state law. See Murdock v. MemphisSearch
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General Trading Co. v. StateSearch
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U. S. 714 , 420 U. S. 728 (1975) (MARSHALL, J., dissenting). See also People v. DisbrowSearch
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Cal.3d 101, 545 P.2d 272 (1976) (refusing to follow Harris v. NewSearch
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POWELL, dissenting. Although I agree with the Court that the Supreme Court of California misconstrued Miranda v. ArizonaSearch
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The California Supreme Court, purporting to apply Miranda v. ArizonaSearch
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U.S. Supreme Court Fare v. MichaelSearch
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of the Court. In Miranda v. ArizonaSearch
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People v. BurtonSearch
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See North Carolina v. ButlerSearch
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Cf. Harris v. NewSearch
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See Michigan v. TuckerSearch
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of People v. BurtonSearch
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People v. RandallSearch
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See McKeiver v. PennsylvaniaSearch
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In Miranda v. ArizonaSearch
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In Haley v. OhioSearch
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See Murdock v. MemphisSearch
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People v. DisbrowSearch
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Harris v. NewSearch
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