· 9/7/1982
John Lewis Jones v. Harold J. Cardwell, Superintendent, Arizona State Prison
Citations
- 686 F.2d 754
- 1982 U.S. App. LEXIS 25875
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the Fifth Amendment protects defendant against self- incrimination in non-capital case for purposes of increasing sentence based on judicial fact-finding
- “a sentencing judge’s broad discretion to consider information in imposing sentence does not extend to consideration of information obtained in violation of a defendant’s privilege against self-incrimination.”
- fact that defendant was in jail awaiting sentencing is a factor to be considered in determining voluntariness of statements made during PSI interview
- where jailed petitioner was instructed he had no choice but to answer questions put to him by probation officer during PSI, his confession of other crimes, extracted without warning as to the consequences, was a violation of his Fifth Amendment rights
Source: CourtListener parenthetical corpus (CC0).
Judges: Wright, Fletcher, Meredith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.