McNabb-Mallory rule
Encyclopedia
The McNabb-Mallory rule (sometimes referred to as just the Mallory rule) refers to the U.S. rule of evidence
that a confession
is inadmissible if obtained during an unreasonably long period of detention
between arrest
and preliminary hearing
. The rule was largely superseded by the broader protections provided for under the Miranda rules
.
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
that a confession
Confession (legal)
In the law of criminal evidence, a confession is a statement by a suspect in crime which is adverse to that person. Some authorities, such as Black's Law Dictionary, define a confession in more narrow terms, e.g...
is inadmissible if obtained during an unreasonably long period of detention
Detention (imprisonment)
Detention is the process when a state, government or citizen lawfully holds a person by removing their freedom of liberty at that time. This can be due to criminal charges being raised against the individual as part of a prosecution or to protect a person or property...
between arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
and preliminary hearing
Preliminary hearing
Within some criminal justice systems, a preliminary hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial...
. The rule was largely superseded by the broader protections provided for under the Miranda rules
Miranda v. Arizona
Miranda v. Arizona, , was a landmark 5–4 decision of the United States Supreme Court. The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant...
.