We have also observed that "[j]urists and scholars uniformly have recognized that the exclusionary rule imposes a substantial cost on the societal interest in law enforcement by its proscription of what concededly is relevant evidence."

However, the Court's willingness to take special judicial action to assist the prosecutor has not been limited to its interpretations of substantive law. Footnote 3 We do not know why the prosecutor chose not to seek review of the Miranda issue. 1 Record 15. Police conduct constitutes but one form of state action.

." .
He began giving confused answers to questions, and for the first time, stated that "voices" had told him to come to Denver and that he had followed the directions of these voices in confessing. Nor could they foresee how the police function would evolve to keep pace. Nothing has changed in the year and a half since that decision, for, although in the immediate wake of Justice STEVENS' dissent the Court did summarily reverse a few convictions on the petition of a criminal defendant, the trend to grant summary dispositions only in favor of the prosecutor has resumed and the record now stands at 26-4.1 No particularly informed understanding of statistics is required to appreciate that the likelihood of courts so consistently erring in favor of defendants is truly remote and that only a one-sided exercise of discretion can explain these results. Wainwright v. Witt, 469 U.S. 412, 463, 872 (1985) (BRENNAN, J., dissenting). We conclude that the admissibility of this kind of statement is governed by state rules of evidence, rather than by our previous decisions regarding coerced confessions and Miranda waivers. Since the Colorado Supreme Court found that Mr. Connelly was "clearly" unable to make an "intelligent" decision, clearly its judgment should be affirmed. 47. . In holding that the government need only prove the voluntariness of the waiver of Miranda rights by a preponderance of the evidence, the Court ignores the explicit command of Miranda: In recognition of the importance of the Due Process Clause and the Fifth Amendment, we always have characterized the State's burden of proof on a Miranda waiver as "great" and "heavy."

(1984) (per curiam ); United States v. Woodward, Memorandum of Justice BRENNAN, with whom Justice STEVENS joins.
[ The seven cases decided in favor of the warden or prosecutor during that same period are: Massachusetts v. Upton, Today, the Court takes the unprecedented step of rewriting a prosecutor's certiorari petition for him, enabling him to seek reversal on a ground he did not present himself. , 385-387, and n. 3, 1855-1856, and n. 3 (1984) (STEVENS J., dissenting). (1984) (per curiam ); Smith v. Illinois,

. But such a treatment of the waiver issue would "cut this Court's holding in [Miranda] completely loose from its own explicitly stated rationale." . Dr. Metzner further testified that Connelly's illness did not significantly impair his cognitive abilities. The Colorado Supreme Court thus affirmed the trial court's decision to suppress all of Connelly's statements. ."). No. 702 P. 2d, at 729. Id., at 12. I will not repeat here what I said there. My analysis in Part II-B shows that reliability should now become a major concern in the admission of such confessions. Before questioning respondent about the killing, the officer informed respondent of his Miranda rights.


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