5th Amendment Interrogations and Miranda Flashcards
What are the Miranda Warnings, and when do they apply?
Miranda warnings must be given during an in-custodial interrogation.
They include 1) Right to Remain Silent; 2) Anything will be used against the speaker; 3) Right to Attorney; 4) If one cannot be afforded, state will provide
What must an individual do to be protected under Miranda?
The individual must expressly invoke their right to remain silent and their right to an attorney.
Officers must cease any questioning when an individual does so.
When is a person in custody?
“Custody” requires the existence of coercive conditions that would cause a reasonable person to believe under all the circumstances surrounding the interrogation that he is not free to leave.
When is a person subjected to an interrogation?
When he police speak or act in a way that is designed to elicit an incriminatory statement.
What is the 5th Amendment’s Privilege against Self-Incrimination?
An individual may raise their privilege against self-crimination to avoid speaking in a way where there is a reasonable possibility they would subject themselves to civil or criminal liability.
Do corporations, as well as a corporate record keeper, have a privilege against self-incrimination?
No
May a prosecutor comment on a defendant’s exercise at trial of his privilege against self-incrimination?
No
