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oregon v elstad

lready 'let the cat out of the bag," therefore, a subsequent confession should be found involuntary if the Court is to protect the rights of the accused.CLASS JUSTICEThe failure of the Supreme Court to disallow the tainted confession of Elstad was entirely predictable, as the Supreme Court is a component of our class-biased criminal justice system. In this case, the accused imprudently made an unwarned admission -"let the cat out of the bag," in his mind - that, due to his lack of understanding of criminal process, compelled him to make another, legally admissible statement. Elstad is representative of the average suspect - typically a member of the lower class--in that he was not well acquainted with due process. Had Elstad an education in criminal procedure, or a lawyer on retainer, this case would have quite likely progressed in an entirely different manner, if at all, as either condition would have prevented both his initial admission and his ignorant decision that the cat was already out of the bag. But as the criminal justice system is biased against those who are without education or means to high-priced council, it stands to reason that the Supreme Court decided to discount the accused's confusion as to the admissibility of his initial statement, thus finding against the uneducated, unadvised lower class....

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