§ 15.11 Self-incrimination

LibraryCriminal Law in Oregon (OSBar) (2022 Ed.)

§ 15.11 SELF-INCRIMINATION

Self-incrimination is fully discussed in chapter 16. The lawyer representing a mentally ill or impaired defendant should focus on the issue of the voluntariness of any waiver of Miranda warnings. Before the state can offer the defendant's statement into evidence, it must show that the statement was voluntary. The state must establish that the suspect was competent, and was aware of the suspect's surroundings. State v. Mason, 53 Or App 811, 819-21, 633 P2d 820 (1981) (a deaf and...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT