Mcnabb-Mallory Rule Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Mcnabb-Mallory Rule, written in plain English, along with examples of how it is used.

What is Mcnabb-Mallory Rule?

(n) Mcnabb-Mallory Rule protect a defended from using the discriminatory statement made by them when they are held in custody beyond the legally accepted period of custody. Now the courts allow presence of personnel lawyer while questioning or permit the accused to keep silent, hence the rule is seldom operative

History and Meaning of Mcnabb-Mallory Rule

The McNabb-Mallory rule is a legal principle that protects defendants who are held in custody beyond the legally acceptable duration from using any discriminatory statement made by them during that period. The rule was established in 1943 by the U.S. Supreme Court in McNabb v. United States, and it was reaffirmed in 1954 in Mallory v. United States.

Before the establishment of this rule, defendants faced the risk of being coerced or tricked into making incriminating statements during extended periods of detention without any legal assistance. To prevent this, the court implemented the McNabb-Mallory rule to ensure that defendants are informed of their right to remain silent and have access to legal counsel during interrogations.

However, the implementation of the rule has experienced some changes with time due to some modifications to the federal rules of criminal procedures in the United States. Despite the rule's adjustments, its guiding principle continues to preserve the rights of defendants during detention and interrogation.

Examples of Mcnabb-Mallory Rule

  1. In 1966, Ernesto Miranda's confessions were not admitted in court under the rule because he was not informed of his constitutional rights during his detention and interrogation.
  2. Police arrested Tom without probable cause and held him in detention for three days without access to a lawyer. Under the McNabb-Mallory rule, any statements made by Tom during this period would be inadmissible in court.
  3. In 2010, Faisal Shahzad's confession was suppressed under the rule because he was held in detention for 13 days before being arraigned in court.

Legal Terms Similar to Mcnabb-Mallory Rule

  1. Miranda warning: A warning given by police to criminal suspects informing them of their rights before custodial interrogation.
  2. Fifth Amendment: It protects citizens from self-incrimination and guarantees due process of law.
  3. Exclusionary rule: A legal principle that bars evidence obtained in violation of the defendant's constitutional rights from being presented at trial.