MIRANDA - Substantive Law and the Vagaries and Vicissitudes of Voluntariness
Date & Time: Thursday, October 5, 2017 from 3:00 p.m. to 6:00 p.m.
Location: Social Law Library, Boston, MA.
Program Fee: $60
CPCS approved for 3.0 CLE credits for the Adult Criminal Trial Panel, Post-Conviction Panel, Mental Health Panel and Juvenile Delinquency Credit from the Youth Advocacy Division.
Frank D. Camera, Esq., Law Offices of Frank D. Camera
James F. Comerford, Esq., Quincy District Court, Program Chair Author, Massachusetts Motor Vehicle Stops Benchbook
Robert Jubinville, Esq., Jubinville Law
Robert Kinscherff, Ph.D., J.D., Massachusetts General Hospital’s Center for Law, Brain and Behavior; Harvard Law School’s Center for Health Law Policy, Biotechnology, and Bioethics
Margaret Krippendorf, First Assistant DA, Norfolk
William F. Sullivan, Superior Court Judge
“[G]eneral principles would have little value [if] converted by precedent into impotent and lifeless formulas. Rights declared in words might be lost in reality.”— Miranda v. Arizona, 384 US 436, 443 1966).
Panel members from the bench and bar will provide a summary of the substantive law, plus practice tips and traps from the both prosecutorial and defense perspectives.
A clinical/forensic psychologist and attorney will discuss the continuum of voluntariness, differences in populations, and how voluntariness is retrospectively assessed.
Topics covered will include issues surrounding the Edwards Rule, Article 12 of the Mass Declaration of Rights, pre- and post-invocation of the Clear Articulation Rule, the Mosely rule, the Interested Adult Rule, the Doyle Rule, and Cellmate’s Testimony.
How officers are trained on Mirandizing defendants and how the case of Commonwealth v. DiGiambattista, 442 Mass. 423 (2004) has altered how police officers interview defendants will be discussed.
Panelists will also trace the evolution of motion practice and specifically the presentation of evidence on the issue of voluntariness of a waiver and when to present the issue. The bench will address the balancing of remorse, emotions mental health and other factors into a determination of waiver against the burden of proof.
Aided by the insights of the clinical/forensic psychologist in an area where there are few hard and fast formulas, the panel will focus discussion on new and emerging views in some cases from criminal responsibility and competency to waiver.
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