intelligent principle in Rhode Island

2002Yet, the doctrine “does not entirely prohibit the General Assembly from delegating portions of its legislative power so long as the delegation is reasonable,” Metals Recycling Co. v. Maccarone, 527 A.2d 1127, 1129 (R.I.1987), and “lays out an intelligent principle to which an administrative officer or body must conform.” Id. (quoting Davis, 427 A.2d at 336 ).

2002Yet, the doctrine "does not entirely prohibit the General Assembly from delegating portions of its legislative power so long as the delegation is reasonable," Metals Recycling Co. v. Maccarone, 527 A.2d 1127, 1129 (R.I.1987), and "lays out an intelligent principle to which an administrative officer or body must conform." Id. (quoting Davis, 427 A.2d at 336 ).

1987“If the juvenile and his parents are not informed that such right has attached,” we continued, “the election to proceed in the absence of counsel cannot be deemed an intelligent waiver of the accrued right.” In re Holley, 107 R.I. 615, 623-24 , 268 A.2d 723, 728 (1970). 8 In our most recent case dealing with this issue, however, we cited Fare with approval and found the waiver of a 17½-year-old juvenile valid under the totality-of-the-circumstances test despite the fact that she had no meaningful opportunity to consult with her mother in private before waiving her Miranda rights.

1987“If the juvenile and his parents are not informed that such right has attached,” we continued, “the election to proceed in the absence of counsel cannot be deemed an intelligent waiver of the accrued right.” In re Holley, 107 R.I. 615, 623-24 , 268 A.2d 723, 728 (1970). 8 In our most recent case dealing with this issue, however, we cited Fare with approval and found the waiver of a 17½-year-old juvenile valid under the totality-of-the-circumstances test despite the fact that she had no meaningful opportunity to consult with her mother in private before waiving her Miranda rights.

2011Before a trial justice can admit a confession or a statement elicited during custodial interrogation, the state must “first prove by clear and convincing evi dence that the defendant knowingly, intelligently, and voluntarily waived his [or her] constitutional rights expressed in Miranda v. Arizona.” State v. Bido, 941 A.2d 822, 835 (R.I.2008) (quoting State v. Dumas, 750 A.2d 420, 423 (R.I.2000)).

2011Before a trial justice can admit a confession or a statement elicited during custodial interrogation, the state must “first prove by clear and convincing evi dence that the defendant knowingly, intelligently, and voluntarily waived his [or her] constitutional rights expressed in Miranda v. Arizona.” State v. Bido, 941 A.2d 822, 835 (R.I.2008) (quoting State v. Dumas, 750 A.2d 420, 423 (R.I.2000)).

2002Yet, the doctrine “does not entirely prohibit the General Assembly from delegating portions of its legislative power so long as the delegation is reasonable,” Metals Recycling Co. v. Maccarone, 527 A.2d 1127, 1129 (R.I.1987), and “lays out an intelligent principle to which an administrative officer or body must conform.” Id. (quoting Davis, 427 A.2d at 336 ).

2002Yet, the doctrine “does not entirely prohibit the General Assembly from delegating portions of its legislative power so long as the delegation is reasonable,” Metals Recycling Co. v. Maccarone, 527 A.2d 1127, 1129 (R.I.1987), and “lays out an intelligent principle to which an administrative officer or body must conform.” Id. (quoting Davis, 427 A.2d at 336 ).

1987DePetrillo v. Coffey, 118 R.I. 519, 523 , 376 A.2d 317, 319 (1977). “[I]f the statute declares a legislative purpose, establishes a primary standard for carrying out the use, or lays out an intelligent principle to which an administrative officer or body must conform,” then the delegation will be upheld.

1987DePetrillo v. Coffey, 118 R.I. 519, 523 , 376 A.2d 317, 319 (1977). “[I]f the statute declares a legislative purpose, establishes a primary standard for carrying out the use, or lays out an intelligent principle to which an administrative officer or body must conform,” then the delegation will be upheld.

1968See Judd, supra. Even so, it has never been held that a finding of consent, freely and intelligently given, is precluded as a matter of law when obtained from one under arrest and officially secured.