12. Confessions and Right to Counsel Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

when is a confession truly involuntary?

A

only if there is some official compulsion (torture, etc)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

if an involuntary confession is admitted, what test is applied on appeal?

A

harmless error test (conviction need not be overturned if there is other overwhelming evidence of guilt)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

when does a defendant’s 6th amendment rights attach?

A

upon indictment (charged)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

at what stages does a defendant NOT have a 6th amendment right to counsel?

A

blood sampling
taking handwriting/voice exemplars
precharge/investigation lineups
photo IDs
prelim hearings to determine PC to detain
brief recesses during defendant’s testimony at trial
discretionary appeals
parole and prob revocation hearings
post conviction proceedings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

may a defendant be questioned regarding unrelated and uncharged offenses without violating the 6th amendment?

A

yes (6th amendment right to counsel is offense specific)
**NOTE = defendant WILL have a 5th amendment right to counsel (Miranda)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

when may a defendant validly waive his 6th amendment right to counsel?

A

when such a waiver is knowing and voluntary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what remedy is applied on appeal if 6th amendment right to counsel was violated at NON-trial proceedings?

A

reversal unless harmless error

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

what remedy is applied on appeal if 6th amendment right to counsel was violated at TRIAL?

A

automatic reversal of conviction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

when may a statement obtained in violation of defendant’s 6th amendment right to counsel be used at trial

A

only when used to impeach the defendant’s contrary trial testimony (may NOT be used in state’s case in chief)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

what is the Miranda rule?

A

a person in custody must, prior to interrogation, be informed that:
1) person has right to remain silent
2) anything they say can be used against them in court
3) person has a right to attorney, and
4) if they can’t afford an attorney, one will be provided if they so desire

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

do Miranda warnings need to be ver batim?

A

no, so long as the substance of the 4 warnings are conveyed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

what must a defendant know in order for Miranda warnings to be required?

A

that they are being interrogated by police
**NOTE = statements to informants/ppl defendant doesn’t know are cops do NOT require Miranda warnings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

when is a defendant in custody? (2 part test)

A

1) a reasonable person would not feel free to leave/terminate the interrogation
2) the environment presents the same inherently coercive pressures as a traditional station house questioning (the more similar to trad arrest – the more likely court will find custody)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

what is an “interrogation”?

A

any words or conduct by the police that they should know would likely ELICIT an incriminating response from the detainee

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

are routine booking questions considered an interrogation?

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

are Miranda warnings required before spontaneous statements made by detainee?

A

no

17
Q

what is the effect of a defendant’s silence in response to questioning?

A

has not waived right to remain silent BUT has not yet invoked that right! (so police can continue to question them)

18
Q

what must the govt prove in order to show waiver of 5th amendment right to remain silent?

A

that waiver was knowing and voluntary
**NOTE = proved by preponderance of the evidence and based on totality of the circumstances

19
Q

what must a defendant do to properly invoke their right to remain silent?

A

must communicate their wish to remain silent EXPLICITLY and UNAMBIGUOUSLY

20
Q

if defendant invokes right to remain silent, what must police do?

A

must scrupulously honor the request by immediately stopping questioning of detainee

21
Q
A