1973 SPECIAL REPORT: " THE NINE-YEAR OLD IN PRISON"

A voluntary confession to murder by a retardate after waiver of his Miranda rights was admissible where there was no evidence of any illegal or improper acts by the police in obtaining it.

Where the only evidence of guilt in a murder case was a confession made by the mentally retarded defendant during custodial interrogation, where complete evidence of the severity of his retardation was not introduced at the trial, although such evidence was before the judge at a voir dire on a motion to suppress the confession, and where there was no evidence, either at the voir dire or at the trial, concerning the effect of the defendant’s retardation on his ability to make a voluntary confession.

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