ПРИЗНАЊЕ ОСУМЊИЧЕНОГ И ПОЛИЦИЈСКО ИСПИТИВАЊЕ У КРИВИЧНОМ ПОСТУПКУ СЈЕДИЊЕНИХ АМЕРИЧКИХ ДРЖАВА
SUSPECT CONFESSIONS AND POLICE INTERROGATION IN UNITED STATES CRIMINAL PROCEDURE

Summary/Abstract: The paper deals with the rules on admitting the commission of a criminal offense and police interrogation of a suspect in the USA. The most important rule is in the context of the US Supreme Court ruling in the Miranda case and in most cases its parameters are studied. In order for the accused's confession to be admissible at trial, it must be voluntary. According to the Miranda rule, when a suspect is questioned by the police during detention, his confession will only be admissible if he has received four warnings. Those warnings must be given only when the suspect is detained. "Detention" exists only if a reasonable person in the suspect's position believes that he is not free to leave at the given moment. Miranda warnings must only be given if the police are questioning a suspect. This examination includes both direct examination and its "functional equivalent". Voluntary statements are not subject to questioning. Warnings are not necessary if the questioning is reasonably urgent for reasons of public safety (for example, questioning while the police are trying to find a bomb they believe has been detonated). A suspect may tacitly or expressly waive some or all of the Miranda rules. The rule applies in principle to the actions of officials. It does not apply to evidence used to impeach the credibility of the accused in cross-examination.

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