Challenging Statements Generally

Question 1

How do you challenge a statement under the 4 A?

Answer 1

ER, FOPT.

If successfully excluded the evidence cannot come in during the Prosecution’s case in chief, but it can still come in for impeachment.

Question 2

How do you challenege a statement under the 14 A?

Answer 2

You argue that the statement was made involuntary, i.e., there was coercion .

The evidence is excluded FOR ALL PURPOSES [most powerful].

Question 3

How do you challenge a statement under the 5 A?

Answer 3

You state that the statement was made in violation of miranda.

If successfully excluded the evidence cannot come in during the Prosecution’s case in chief, but it can still come in for impeachment.

Question 4

How do you challenge a statement under the 6 A?

Answer 4

You say that the Gov’t violate the defendant’s 6 A right to counsel. E.g., they deliberately elicited incriminating information without presence of counsel.

If successfully excluded the evidence cannot come in during the Prosecution’s case in chief, but it can still come in for impeachment.