5th Amendment & Confession

Question 1

Confession

Answer 1

A confession must be voluntary. Voluntariness is determined by the totality of the circumstances.

Question 2

Confession/Suppress

Answer 2

A person may suppress his confession if his Miranda rights were violated, confession was involuntary, or the confession was the result of an illegal arrest.

Question 3

Miranda Rights

Answer 3

A person must be given Miranda warnings prior to in-custody interrogation. The warnings need not be verbatim or given after a break unless there is a long time lapse.

Question 4

Miranda Rights/In Custody

Answer 4

In custody generally means a person believes he is not free to leave.

Question 5

Miranda Rights/Interrogation

Answer 5

Interrogation refers to express questioning as well as any police words or actions that is reasonably likely to elicit an incriminating response.

Question 6

Miranda Rights/Silence

Answer 6

When a person exercises his right to remain silent, his silence mat not be used against him to show probable guilt.