Thursday, September 6, 2012

Harris v. New York case brief


  1. Harris v. New York (US 1971)
  2. 401 U.S. 222
    1. prior statement showed that he knew the powder was her*in, was suppressed under Miranda; Δ took the stand and testified that he had sold white powder to agent, but said it was baking powder; on cross, judge allowed prosecutor to ask Δ about those prior statements; Δ was convicted.
    2. question: does suppression prevent government from using suppressed statement to impeach where Δ takes witness stand and denies elements of charge.
    3. holding: no, suppression doesn’t go this far.
      • if Δ doesn’t take the stand, the statement can’t be used; but if Δ does take the stand, and testifies inconsistently with prior statement, Δ loses protection of Miranda suppression rule.

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