21. Voluntary Statements under the 14th Amendment Flashcards
The most decisive evidence in a criminal case comes from the MOUTH of the accused. What are the 2 types of incriminating statements (admissions)?
- The SPOKEN admission.
- The ADOPTIVE admission. (statement made in the presence of the suspect, with suspect response, whether orally by gesture, or by revealing silence, indicates its acceptance)
When a suspect hears and understands a statement
Has an opportunity to respond
The context is one in which he would have been expected to respond to an accusation, his SILENCE may be considered what?
AN ADOPTIVE ADMISSION
When a person is under arrest and is given Miranda, can an investigator use it against the arrestee who does not deny an investigator’s statement about his involvement in a crime?
No, a person who exercises his right to remain silent ENDS the possibility adoptive admission.
The law governing police interaction stems from what 3 constitutional principles?
V-Voluntary Statements
W-Warnings during custodial interrogation
N-No interference with attorney client relationship
The 14th amendment voluntary test:
Is the statement voluntary? (the court will consider the following):
- Whether the interaction was coercive.
- Did the characteristics of the suspect make him susceptible to coercion.
The ___ amendment and article ___ of the Mass. Declaration of Rights require that the circumstances of an interrogation produce what?
14th Amendment
Article 12
Produce VOLUNTARY statements.
What are the consequences of a statement?
- If it was involuntary, it may not be introduced at trial.
- If it was voluntary, the next consideration is whether Miranda applies.
Fifth amendment and Miranda issues, state action:
Who obtained the statements?
Miranda does not cover communications by a private individual, (unless he’s a police agent). Miranda does not apply to private citizens between other private citizens.
Miranda does cover communications to a police officer, quasi law enforcement, official or agent .
Miranda warnings are required to protect the suspect’s privilege against self-incrimination when a police official is doing what?
C-Custodial Situations
I-Interrogates Suspect
T-Testimonial Evidence
The police have the suspect in a custodial situation for the purpose of interrogating him to obtain testimonial evidence.
If any of the above CIT is missing the officer does not have to advise the accused of his Miranda rights.
C-Custodial Situations
I-Interrogates Suspect
T-Testimonial Evidence
If any of the above are present, then an officer must consider what?
The proper administration of rights: were the Miranda rights properly -
Administered by the officer, and;
Waived (given up) by the accused or;
Invoked (Used) and then waived by the accused.
In considering the proper administration of Miranda rights, what three things must be taken into account?
First and foremost were they administered?
Second were they waived?
Third were they invoke, and then waved by the accused?
Article 12, right to council .
What is a critical requirement of the 14th amendment?
(Due process clause)
A defendant statement must be voluntary. These two items must be taken into consideration to determine:
- The speaker must have been rational.
- The speaker must not have been coerced into making a statement.
What is the voluntary statement test requirement for the 14th amendment?
Voluntary? Ask:
Rational?
Not coerced
First was the speaker, rational?
Second, the speaker must not have been coerced into making its statements.
The rational speaker (14th Amendment)
The vast majority of interview suspects are rational. The main disputes usually centers on whether their statements were coerced.
A statement is involuntary made by an irrational speaker with severe mental illness, intoxication, injury, or other condition .
Determining coercive statements by the police
Courts will consider the totality of the circumstances. Other than that there is no clear test to determine whether a suspect was coerced into making a statement.
The court must scrutinize all of the surrounding circumstances.
- How did the police behave?
- What are the characteristics of the suspect?