3. Statements & Confessions

Question 1

Miranda and Custody in Georgia

Answer 1

Under Georgia law, a suspect who is in a police interrogation room and told he is a suspect is not in custody if he was also told that he was free to leave at anytime.

Question 2

When is a statement made by an arrestee admissible?

Answer 2

A statement is admissible if it is:
* voluntary
* NOT made in violation of the right to counsel under Miranda or Massiah
* NOT the fruit of illegal police conduct

Question 3

What is an Involuntary Statement?

Answer 3

An involuntary statement occurs when:
* police coercion overcomes a suspect’s will
* due to their vulnerabilities and interrogation conditions

Question 4

What type of coercion can lead to an involuntary confession?

Answer 4

Only official coercion or compulsion will cause a confession to be involuntary.

Question 5

Does a mental disease make a confession involuntary?

Answer 5

No, a confession is NOT considered involuntary simply because it is the product of a mental disease.

Question 6

What must be true for a communication to be protected under privilege?

Answer 6

The communication must be:
* testimonial
* compulsory

Question 7

When may a statement be found inadmissible?

Answer 7

A statement may be inadmissible if it is:
* Involuntary under the Due Process Clauses
* In violation of the Sixth Amendment right to counsel
* In violation of the Fifth Amendment privilege against self-incrimination
* The fruit of an illegal arrest or search

Question 8

What is the Voluntariness standard?

Answer 8

The voluntariness standard assesses the admissibility of a confession based on its trustworthiness and the totality of circumstances.

Question 9

When is a statement made by a suspect considered voluntary?

Answer 9

A statement is considered voluntary when it is made by a suspect of average intelligence who is comfortable in his surroundings.

Question 10

What are some forms of coercion?

Answer 10

Coercion may take the form of:
* physical abuse
* threats
* promises of leniency

Question 11

What factors can influence coercion?

Answer 11

Factors of coercion include the defendant’s:
* age
* sex
* education
* mental and physical health

Question 12

Can the police offer false promises of leniency to elicit a confession?

Answer 12

No, police may NOT offer false promises of dropping charges to elicit a confession.

Question 13

Can a defendant’s confession be introduced at trial if it is a product of coercion?

Answer 13

No, a confession that is the product of coercion may NOT be introduced at trial.

Question 14

What is the Right to Counsel under the Sixth Amendment?

Answer 14

The right to counsel means a suspect has a right to an attorney during questioning by police.

Question 15

What must the accused do to invoke the right to counsel?

Answer 15

The accused MUST make the request unambiguously to the interrogator.

Question 16

Can police continue to question a defendant on other offenses?

Answer 16

Yes, the police may continue to question about other offenses even if they are factually related to the charged offense.

Question 17

Must counsel be present at all questionings?

Answer 17

Yes, counsel MUST be present until the accused waives the right.

Question 18

Does deliberate eliciting of incriminating statements without an attorney violate the Sixth Amendment?

Answer 18

Yes, it violates the Sixth Amendment right to counsel.

Question 19

What is the Massiah Rule?

Answer 19

The Massiah Rule states that after formal charges have been filed, eliciting incriminating statements without an attorney violates the Sixth Amendment.

Question 20

When does the right to counsel extend to a defendant?

Answer 20

The right to counsel extends to:
* noncustodial settings
* the beginning of the adversarial court process

Question 21

Does passive listening by a cellmate informant violate the right to counsel?

Answer 21

No, passive listening does NOT violate the right to counsel.

Question 22

What does the Fifth Amendment privilege against self-incrimination protect against?

Answer 22

It protects against admission of testimonial evidence, but NOT against real or physical evidence.

Question 23

Who can assert the privilege against self-incrimination?

Answer 23

The privilege applies ONLY to natural persons and MUST be asserted to be effective.

Question 24

When can the privilege against self-incrimination be asserted?

Answer 24

The privilege may be asserted in any proceeding where incriminating testimony can be used in a subsequent prosecution.

Question 25

Can a defendant waive his privilege against self-incrimination?

Answer 25

Yes, the accused has a right to waive the privilege.

Question 26

What happens when the government questions an individual outside the trial setting?

Answer 26

The purpose of the questioning determines whether the individual's failure to invoke the privilege constitutes a valid waiver.

Question 27

Can a defendant’s silence be used as an adoptive admission?

Answer 27

Yes, silence may be used as an adoptive admission.

Question 28

Does use and transactional immunity eliminate the privilege against self-incrimination?

Answer 28

Yes, it eliminates the privilege.

Question 29

What is the Miranda Rule?

Answer 29

Miranda requires warnings to be given if an accused is subject to custodial interrogation. Warnings given pursuant to Miranda and a valid waiver of those rights are prerequisites to the admissibility of any confession made during custodial interrogation.

Question 30

Whether a defendant is in custody is determined by examining:

Answer 30

(i) whether a reasonable person under the circumstances would feel free to terminate the interrogation and leave(i.e. Multiple police officers surrounding someone); and (ii) whether the environment offers “the same inherently coercive pressures” that were present at the station house in Miranda.(i.e., guns pointed at someone)

Question 31

Interrogation requirement:

Answer 31

i.) express questioning; or ii.) any words or actions on the part of the police that they should know are reasonably likely to elicit an incriminating response from the suspect.

Question 32

What are admissible statements from an interrogation?

Answer 32

Admissible statements can be: 1. volunteered statements 2. spontaneous statements 3. unsolicited statements

Question 33

Is the susceptibility of the suspect applicable to assess in an interrogation?

Answer 33

Yes. The test focuses on the susceptibility of the suspect. Thus, if there are no objective indications of particular susceptibility, such as youth, then the police may talk in the presence of the suspect provided there is no direct questioning, even though such conversations in the presence of a juvenile suspect could constitute a Miranda violation.

Question 34

What are the Miranda Warnings?

Answer 34

The warnings include: * right to remain silent * anything said can be used against them * right to an attorney * attorney will be provided if needed

Question 35

Does questioning by private security guards require Miranda warnings?

Answer 35

No, Miranda does NOT apply to questioning by private security guards.

Question 36

What are the six factors to determine if a suspect was in custody for Miranda purposes?

Answer 36

Factors include: 1. when and where it occurred 2. how long it lasted 3. number of police officers present 4. what was said and done 5. presence of physical restraint 6. whether the defendant was questioned as a suspect or witness

Question 37

Is a Terry stop considered custodial for Miranda purposes?

Answer 37

No, a Terry stop is not custodial.

Question 38

Can statements obtained in violation of Miranda be used in prosecution’s case-in-chief?

Answer 38

No, they may not be used.

Question 39

Can statements obtained from the defendant in violation of Miranda be used to impeach the defendant’s testimony?

Answer 39

Yes, they are admissible for impeachment.

Question 40

Can a person waive their Miranda Rights?

Answer 40

Yes, a knowing and intelligent waiver is permitted.

Question 41

Does the waiver of Miranda Rights have to be in writing?

Answer 41

No, it can be express or implied.

Question 42

When is a Miranda waiver valid?

Answer 42

A waiver is valid if the defendant was aware of the rights and understood the waiver.

Question 43

What must occur when a defendant requests an attorney or wishes to remain silent?

Answer 43

All interrogation must stop.

Question 44

When is a Miranda waiver invalid?

Answer 44

A waiver is invalid when: 1. the defendant had been held in custody for an extended period before warnings 2. the defendant had been subjected to persistent questioning Courts have interpreted these conditions to indicate undue pressure on the defendant.

Question 45

Is saying the word 'lawyer' enough to invoke the right to counsel?

Answer 45

No. Just saying 'lawyer' is not enough to invoke the right to counsel. A clear statement indicating the wish for legal assistance is required.

Question 46

What must a suspect do to invoke the right to an attorney?

Answer 46

A suspect must: 1. make a statement that reasonably indicates a wish for legal assistance 2. be clear enough for a reasonable officer to recognize it as a request for a lawyer

Question 47

What occurs if a request for an attorney is ambiguous?

Answer 47

The police do not need to cease questioning. An ambiguous request is one that a reasonable officer would only understand as possibly invoking the right.

Question 48

Does a defendant have the right to terminate an interrogation?

Answer 48

Yes, a defendant's right to terminate interrogation must be scrupulously honored. This right can be exercised at any time and in any manner.

Question 49

Do police need to provide fresh Miranda warnings to resume questioning?

Answer 49

Yes, police must: 1. allow a significant period of time to elapse 2. provide a fresh set of Miranda warnings This ensures the defendant's rights are protected after a break.

Question 50

Can a defendant who has exercised the right to remain silent be questioned about an unrelated crime?

Answer 50

Yes, provided a significant lapse of time occurs and new warnings are given. This is contingent on the conditions surrounding the questioning.

Question 51

Can a defendant who has requested an attorney be further questioned?

Answer 51

No, further questioning is not allowed until: 1. counsel is provided 2. the defendant voluntarily initiates a discussion

Question 52

When does the Miranda right to counsel expire after release from custody?

Answer 52

The obligation expires after 14 days.

Question 53

Does releasing an inmate from interrogation back into the general prison population end custodial interrogation?

Answer 53

Yes, it ends the inherently compelling pressures of custodial interrogation. This constitutes a break in custody.

Question 54

Are admissions obtained after giving Miranda warnings admissible?

Answer 54

Yes, provided there is no Fourth Amendment violation.

Question 55

Can police give a Miranda warning in the middle of questioning?

Answer 55

No, they may not give a warning mid-questioning and then ask the defendant to repeat previous statements.

Question 56

Must a suspect unambiguously invoke their right to remain silent?

Answer 56

Yes, a suspect must clearly invoke the right to remain silent for questioning to stop. Simply not answering questions does not suffice.

Question 57

Do Miranda warnings need to be repeated after a short break in interrogation?

Answer 57

No, they do not need to be repeated after a short break. ## Footnote A significant break, however, would warrant a fresh set of warnings.

Question 58

Can a voluntary statement made after a waiver of Miranda rights be inadmissible?

Answer 58

Yes, it may be inadmissible if it is the fruit of an illegal arrest, search, or seizure. This principle is known as the fruit of the poisonous tree.

Question 59

When will entrapment result in the exclusion of a confession or statement?

Answer 59

Entrapment results in exclusion only when the origin of intent was in the police. If the defendant was predisposed to commit the crime, entrapment is not a defense.