Chapter 12 Flashcards
Voluntariness test
Requirement that confessions, incriminating statements, and consent be voluntary and given freely. Knowingly intelligently & voluntary
Confession
Direct acknowledgment of guilt; generally viewed as the same as a guilty plea in open court
Totality of the circumstances test
Looks at the whole picture, on whether confession or statements or consent was freely and voluntarily given.
Suspect vulnerabilities age education
Interrogating factors length of questioning , denial of food
Place of questioning
Other factors threats promises deception
Corpus delicti
Body of the crime requirement that the government must prove that the crime charged has been committed. If using confession as evidence corroborating evidence must also be provided
6th Amendment
Accused enjoy right to speedy and public trial, by impartial jury, informed of nature and cause of accusation, to be confronted with witnesses against him, have assistance of counsel
Massiah v. US
6th amendment right to counsel prohibits police from questioning it eliciting incriminating statements from defendant related to the crime charged after defendant has requested counsel
Massiah limitation
The holding that after a person has been charged with a crime law officers cannot question the person without persons attorney present
The Bruton Rule
Rule that a criminal trial may not hear a confession or incriminating statement against a defendant that was made by another party to the crime w/o producing speaker
Bruton v. US
In cases of multiple defendants, a confession by one that implicates the others is inadmissible unless the defendant making the confessions testifies at trial and is subject to cross examination
Miranda v. Arizona
Police may not question a suspect in custody w/o first informing him of his rights to remain silent, his right to attorney, that an attorney would be appointed to represent him if needed, any statements made could be used against him in a court of law
