7. Confessions Flashcards
There are three federal constitutional challenges that can be brought to exclude a confession:
(1) Fourteenth Amendment Due Process Clause
(2) Sixth Amendment Right to Counsel
(3) Fifth Amendment Miranda Doctrine
NY’s additional challenge to exclude a confession
Defendants can also challenge a confession under New York’s “indelible” right to counsel, which derives from the Sixth Amendment of the state
constitution.
What is the standard for excluding a confession under the Due Process Clause?
Involuntariness, which means that the confession is the product of police coercion that overbears the suspect’s will.
When does the Sixth Amendment right to counsel attach?
It attaches when the defendant is formally charged, not upon arrest!
What does the Sixth Amendment right to counsel apply to?
It applies at all “critical stages” of the prosecution that take place after the filing of formal charges, including arraignment, probable cause hearings, police interrogation and plea bargaining.
What offense(s) does the Sixth Amendment right to counsel apply to?
This right is “offense specific.” This means it applies only to the crimes with which a defendant is formally charged. It provides no protection for uncounseled interrogation for other uncharged criminal activity.
What does NY’s “indelible” right to counsel apply to?
The indelible right to counsel attaches not only at formal charging, but also whenever there is significant judicial activity before the filing of an accusatory instrument such that a defendant may benefit from the presence of counsel.
Accordingly, if a defendant is taken into custody for questioning on a charge and the police are aware that he is represented by counsel on that charge, they may not question him about that charge or any other matter without his attorney present.
When are Miranda warnings necessary?
There are two core requirements:
- Custody, and
- Interrogation
How is custody determined for Miranda purposes?
A two-part, totality-of-the-circumstances test is used to determine if a suspect is in custody for Miranda purposes.
Part One: A reasonable person would have felt that she was not at liberty to end the interrogation and leave;
Part Two: The environment presents the same inherently coercive pressures as the station-house questioning at issue in Miranda.
What is considered an interrogation for Miranda purposes?
The Fifth Amendment Miranda doctrine defines interrogation as any conduct the police knew or should have known was likely to elicit an incriminating response.
Public Safety Exception to Miranda
If custodial interrogation is prompted by an immediate concern for public safety, Miranda warnings are unnecessary and any incriminating statements are admissible against the suspect.
Requirements for a valid waiver of Miranda rights
- “Knowing and Intelligent:” A Miranda waiver is “knowing and intelligent” if the suspect understands:
(i) the nature of the rights; and
(ii) the consequences of abandoning
them. - Voluntary: A Miranda waiver is voluntary if it is not the product of police coercion.
NY’s parent/child rule
If the police use deception or concealment to keep a parent away from a child who is being interrogated, the child’s waiver may be deemed invalid.
Who bears the burden of proof for a waiver of Miranda rights?
The prosecution bears the burden of proving a valid waiver of a suspect’s Miranda rights by a preponderance the evidence.
Requirements for invoking one;s right to counsel
The request for counsel must be sufficiently clear that a reasonable officer in the same situation would understand the statement to be a request for counsel.
