con crim pro – confessions Flashcards
14th Amendment
what does the 14th Amendment require for confessions
confessions must be voluntary
14th Amendment
how is voluntariness assessed
looking at a totality of the circumstances, including the accused’s age, mental/physical condition, education, and other factors (setting, duration, manner of police interrogation)
14th Amendment
what test applies to the 14th Amendment
harmless error –a conviction will not be overturned if overwhelming evidence of guilt supports conviction
5th Amendment
what does the 5th Amendment generally protect
right against self-incrimination
5th Amendment
what type of statement is not admissible under the 5th Amendment
a statement given in response to police interrogation by an accused individual who is in custody, unless the police have given the accused Miranda warnings, the accused has waived his right to remain silent, and his right to counsel
5th Amendment
what are the 2 factors to consider whether an individual is in “custody”
- whether a reasonable person under the circumstances would feel that he was free to terminate the interrogation and leave
- if an individual’s freedom is curtailed in this way, must consider whether the environment presents the same inherently coercive pressures as the type of station house questioning
5th Amendment
why are ordinary traffic stops not custodial
usually temporary and brief; motorist knows that he typically will be on his way soon
5th Amendment
what does “interrogation” include
not only questioning, but other conduct that an officer should know is likely to elicit an incriminating response
5th Amendment
what types of statements are not protected under Miranda
a spontaneous statement (detainee is not being elicited for a response)
5th Amendment
what are a detainee’s options upon receiving warnings
- do nothing
- waive rights
- invoke right to remain silent and/or right to counsel
5th Amendment
what happens if the detainee does nothing after receiving Miranda warnings
court will not presume a waiver, but will not presume detainee has asserted a right to remain silent or consult counsel (police can continue to question)
5th Amendment
what is required for a waiver of rights after Miranda warnings
waiver must be knowing and voluntary (police show this by preponderance of evidence)
5th Amendment
when can detainee invoke the right to remain silent
at any time prior to or during interrogation
5th Amendment
what’s required for invoking right to remain silent
it must be explicit, unambiguous, and unequivocal
5th Amendment
what’s required of the police if a detainee invokes right to remain silent
all questioning related to the particular crime must stop (can ask about an unrelated crime, though)
5th Amendment
what must the police do with the invocation of the right to remain silent
they must “scrupulously honor” the request –they may not badger the detainee into talking and must wait a significant amount of time before reinitiating questioning
5th Amendment
what is required of the invocation of the right to counsel
it must be specific
5th Amendment
what is required of police once the detainee has invoked the right to counsel
all questioning related to any crime must stop –they cannot later restart questioning
5th Amendment
what can the detainee do later after invoking the right to counsel
reinitiate questioning
5th Amendment
what’s the general rule as to evidence obtained in violation of Miranda
evidence is inadmissible under the exclusionary rule
5th Amendment
what can be done with statements obtained in violation of miranda
they can be used to impeach D’s testimony, but cannot be used as evidence of guilt
5th Amendment
what is the question first, warn later idea
if police intentionally obtained confession before giving warning and then give warnings and obtain a subequent confession, that subsequent confession is inadmissible
