ADJ-1 Lecture 30: Introduction to the Administration of Justice 30

• School: RCC
• Department: Administration Of Justice
• Course: ADJ-1
• Professor: graham

Document Summary

Duties to facilitate and hold off are conditional upon detainee exercising reasonable diligence in availing themselves of their rights. Detainee must indicate that they want to contact counsel. Detainee must also make reasonable efforts to contact counsel of choice. Often the police will want to question a detainee. The police will sometimes exert considerable pressure on the detainee to speak and to incriminate themselves. A detainee, however, has a constitutional right to choose whether or not to speak. A detainee also has the right to have the choice to remain silent not used against her. The fact of silence cannot be used against the accused at her trial on a charge arising out of the investigation. Not an absolute right, capable of being discharged only by waiver. Can simply discharge the right by saying something. The police can question a detainee after they have had the opportunity to speak to counsel.