5A: Miranda violations Flashcards
Interrogation tactics
The confession must be voluntary.
Statements obtained by threats, even after Miranda warnings, are inadmissible.
By contrast, confessions obtained by deceit are admissible.
Involuntarily obtained statements
An involuntarily obtained statement is not admissible against a defendant, but whether to overturn a conviction depends on the harmless error standard.
The prosecution is prohibited from using an involuntary statement because to do so would constitute a denial of due proces
Involuntarily obtained evidence
Evidence obtained as a result of an involuntary statement is “fruit of the poisonous tree” and is presumptively inadmissible.
Voluntary statements in violation of Miranda
Such statements are inadmissible in the prosecution’s case in chief but can be admitted in order to impeach the defendant’s credibility.
Evidence obtained as a result of a voluntary statement taken in violation of Miranda is also admissible.
Interrogation tactics: trickery
The use of trickery may render a confession involuntary when considered under the totality of the circumstances.
But statement is not coerced just because it was made as a result of trickery, absent other circumstances.
Post-arrest silence
Any use of post-arrest silence of a properly Mirandized defendant—whether for substantive or impeachment purposes—is a violation of the defendant’s due process rights.
By contrast, post-arrest, pre-Miranda silence can be used to impeach.
Immunity: testimony given
Testimony given under a grant of immunity is considered coerced and involuntary.
Thus, a defendant’s involuntary statement, such as a confession produced by coercion, cannot be used either substantively or for impeachment purposes.
Immunity: use and derivative use
“Use and derivative-use” immunity only precludes the prosecution from using the witness’s own testimony, or any evidence derived from the testimony, against the witness.
A witness cannot be compelled to provide potentially incriminating testimony unless the witness is granted use and derivative-use immunity.
Voluntary confessions
A voluntary confession made after an unlawful arrest will not automatically be suppressed.
The unlawfulness of the arrest, however, may be considered as a factor when determining whether a confession was truly voluntary. If the confession is too closely tied to the illegal arrest, it may be suppressed.
