State v. Derby

1 Citing case

  1. State v. Gravel

    135 N.H. 172 (N.H. 1991)   Cited 37 times
    Observing that although the defendant appeared to understand his rights and that although he acknowledged them, he was never asked whether he understood them

    [14, 15] Moreover, we have historically mandated, under article 15, more protection for a suspect's rights where Miranda is concerned than has the United States Supreme Court. For example, we require proof of a waiver to be established beyond a reasonable doubt, see State v. Derby, 131 N.H. 760, 761, 561 A.2d 504, 504 (1989); State v. Gullick, 118 N.H. 912, 915, 396 A.2d 554, 555 (1978), and we have established special rules for evaluating waivers by juveniles, State v. Benoit, 126 N.H. 6, 17-19, 490 A.2d 295, 302-04 (1985). If we are to remain faithful to our tradition of implementing the right against self-incrimination through rigorous enforcement of the Miranda safeguards, we must ensure that the police are not provided an incentive for disregarding these rights.