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Statutory law and regulatory law, various legal precedents called 'case law' also impact interrogation techniques and procedures. One of the first attempts by British Courts to guide and set standards for police officers interrogating suspects was the declaration of the ' Judges' Rules ' in 1912 by the judges of the King's Bench Division in ...
Howes v. Fields, 565 U.S. 499 (2012), [1] was a decision by the U.S. Supreme Court that an interrogation of a prisoner was not a custodial interrogation per se, and certainly it was not "clearly established federal law" that it was custodial, as would be required by the Antiterrorism and Effective Death Penalty Act (AEDPA).
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called ...
Interrogational torture is the use of torture to obtain information in interrogation, as opposed to the use of torture to extract a forced confession, regardless of whether it is true or false. Torture has been used throughout history during interrogation, although it is now illegal and a violation of international law.
Montejo v. Louisiana, 556 U.S. 778 (2009), is a 5–4 decision by the United States Supreme Court that overruled the Court's decision in Michigan v. Jackson. [1] The case concerned the validity of a defendant's waiver of his right to counsel during a police interrogation.
Albania's judicial system is a civil law system divided between courts with regular civil and criminal jurisdiction and administrative courts. Albanian law is codified and based on the French law . It is governed by the High Council of Justice (Këshilli i Lartë i Drejtësisë) , and its management is aided by the office of the President of ...
Shatzer, 559 U.S. 98 (2010), was a United States Supreme Court case in which the Court held that police may re-open questioning of a suspect who has asked for counsel (thereby under Edwards v. Arizona ending questioning) if there has been a 14-day or more break in Miranda custody .
Arizona, 451 U.S. 477 (1981), is a decision by the United States Supreme Court holding that once a defendant invokes his Fifth Amendment right to counsel, police must cease custodial interrogation. Re-interrogation is only permissible once defendant's counsel has been made available to him, or he himself initiates further communication ...