Ch 21 Voluntary Statements Flashcards
The most decisive and evidence in a criminal case often comes from
The mouth of the accused
The law governing police interaction stems from what three constitutional principles
Voluntary statements (14th amendment Article 12)
Warnings during custodial interrogation (5th Amendment)
No interference with Attorney client relationship (6th Amendment Article 12)
Voluntary statements are covered under the ___ amendment article____
14th Amendment Article 12
Miranda issues are covered under ____ Amendment
Fifth Amendment
____ Amendment Article ____ covers the right to counsel after the accuse has been arranged or indicted on a charge, and police questioning relates to that pending offense without a lawyer present
Sixth Amendment Article 12
To be voluntary in Massachusetts, a statement must satisfy the two prong analysis.
The speaker must have been:
The speaker must not have been:
Must have been rational
Must not have been coerced
The vast majority of suspects are rational, the main dispute usually centers on whether their statements were
Coerced
What does the court take into consideration when determining if statements were coerced (2)
How the police behaved
Characteristics of the suspect
Considerations the court takes into mind when determining if suspect validly waived his Miranda rights (2)
Police behavior
Characteristics of suspect
When may police provide false information when speaking with a suspect?
If it is the only questionable police tactic
False information or “minimization”should never be combined with
An offer of leniency
The “soft-shell” technique police use to lull the suspect into a false sense of security by offering sympathy, face saving excuses, moral justification,etc is called:
Minimization
Playing down the seriousness of the charges or blaming victim or accomplice is considered:
Minimization
