In State v.Butler, the Supreme Court of Ohio was confronted with the question of whether the prosecution could use a non-Mirandized confession to impeach the credibility of a defendant who testifies in his or her own defense.The U.S.Supreme Court held in Miranda v.Arizona that the prosecution's use of statements of an accused made to police without prior warnings of his rights to remain silent, to counsel, and to have appointed counsel if indigent was a violation of the accuser's right against self-incrimination.Justice Frankfurter, in writing the Miranda decision, which involved the use of a confession as part of the prosecution's case-in-chief, suggested that a non-Mirandized confession could be used on cross-examination by the prosecution if the defendant testified.Which of the following statements is TRUE?
A) Justice Frankfurter's statement is not binding on the Ohio Supreme Court in State v.Butler because it is dicta.
B) Justice Frankfurter's statement is not binding on the Ohio Supreme Court in State v.Butler because a precedent set by the U.S.Supreme Court concerning the U.S.Constitution is not binding in Ohio state courts.
C) Justice Frankfurter's statement is not binding on the Ohio Supreme Court in State v.Butler because Ohio courts can interpret the U.S.Constitution differently than the U.S.Supreme Court under the state's police power.
D) Justice Frankfurter's statement is binding on the Ohio Supreme Court in State v.Butler even if it was a dissenting opinion in Miranda instead.
Correct Answer:
Verified
Q24: Civil law systems reject
A) precedent.
B) juries in
Q25: On May 20, Arnie Walters's car crashed
Q26: Before the U.S.Constitution was adopted, police power
Q27: A Kentucky court was confronted with the
Q28: A decision by a court of final
Q30: The problem with ex post facto laws
Q31: John, a resident of Michigan, and Joseph,
Q32: When a case for which there is
Q33: A court held that a landlord who
Q34: Civil and Common law are different with
Unlock this Answer For Free Now!
View this answer and more for free by performing one of the following actions
Scan the QR code to install the App and get 2 free unlocks
Unlock quizzes for free by uploading documents