5th Amendment Right to Speedy Trial and Against Self Incrimination Flashcards
What is the 5th Amendment?
The 5th Amendment requires that, for a confession to be admissible, a person in custody must be given Miranda warnings prior to interrogation.
This a privilege against self-incrimination.
What is Custody?
One is in custody if, at the time of the interrogation, one is not free to leave (objective standard)
What is an Interrogation?
An interrogation is conduct where the police knew or should have known that they might elicit an incriminating response.
Spontaneous statements are not interrogations.
What is required if the accused invokes his Right to Remain Silent?
The police must scrupulously honor the invocation, but can resume questioning after a significant amount of time so long as they re-Mirandize and question the individual about an unrelated crime.
When can an illegally obtained confession be Admitted as evidence?
Prosecutors can still use illegally obtained confessions (in violation of Miranda) to impeach the defendant if he takes the stand.
When must one invoke the 5th Amendment Right Against Self Incrimination?
If asked a question under oath wherein the answer might tend to incriminate, one is entitled to the privilege. One must, however, assert the privilege the first time the question is asked, otherwise the privilege is waived for subsequent criminal prosecutions—this applies to civil proceedings also. The right does not allow one to prevent the government from using physical evidence, and the government can compel one to provide blood, handwriting, voice and hair samples.
Do informants need to give Miranda warnings prior to questioning?
Under the Fifth Amendment right to counsel at all custodial interrogations, Miranda warnings need not be given where the interrogation is by an informant who the defendant does not know is working for the police—even if the informant is in fact working for the police.
Can a prosecutor make a negative inference about the defendant invoking the Right to Remain Silent?
A prosecutor cannot make a negative comment about a defendant’s failure to testify, or a defendant’s choice to remain silent after Miranda.
