5th Amend.

Question 1

Miranda

Answer 1

Right to remain silent
Anything you say can be used against you in court
You have a right to an atty
If you can’t afford one, one will be appointed for you

Question 2

Trigger for Required Miranda Warnings

Answer 2

CUSTODIAL INTERROGATION

Custody:

• Not feel free to leave (objective)
• Inherently coercive pressures
• Even in your home

Interrogation:

• Where police knew or should have known that they might elicit an incriminating response
• Miranda warnings are NOT required prior to the admissibility of what’s known as a spontaneous statement (Buick Charity story)

Question 3

Miranda Waiver

Answer 3

MUST be KNOWING & VOLUNTARY

Totality of circumstances

Question 4

Invoking Miranda Rights

Answer 4

(1) Invoking Right to Remain Silent
- UNAMBIGUOUS
- May re-mirandize and questions limited to crime that was NOT subject of earlier questioning

(2) Invoking Right to Counsel
- UNAMBIGUOUS Request
- Qs MUST ceased until accused given an atty or accused initiates further questioning
- Break in chain of custody = 14 days

-NOT offense specific (applies to ENTIRE process of custodial police interrogation) = ALL questioning

Question 5

5th Amend. Privilege against Compelled Testimony

Answer 5

ANY TYPE OF case.

MUST assert privilege 1st time the Q is asked or you will have waived your 5th Amend. privilege for all subsequent criminal prosecutions

Privilege MUST be claimed in civil proceedings to prevent the privilege from being waived for a later criminal prosecution

If individual responds to the Qs instead of claiming the privilege during a civil proceeding, he CANNOT later bar that evidence

Examples of NON-testimonial evidence that the prosecution an compel a person to produce:
-Blood, Handwriting, Voice, Hair

Privilege CAN be eliminated in 3 ways:

• Under grant of immunity
• No possibility of incrimination (SOL runs)
• Waiver (criminal ∆ who takes the witness stand)