Con W6 Flashcards
What is Interrogation?
Direct questioning likely to result in an incriminating response.
What is the 5th Amendment known as?
Miranda Rights.
From court case: MIRANDA V ARIZONA
What are the Miranda Rights?
- You have a right to remain silent.
- Anything you say can be used against you.
- You have a right to consult with an attorney and have him present during questioning.
- If you cannot afford a lawyer and want one, a lawyer will be provided for you by the Commonwealth at no cost to you.
What is the ‘5th Warning’?
‘5th Warning’ (NOT required) = you may stop questioning at any time.
What are the legal requirements for Miranda Rights?
Doesn’t need to be verbatim; substance must be given.
What is the formula for Miranda?
CUSTODY + INTERROGATION = MIRANDA.
What are the 4 Criteria to determine Custody?
Groome Factors: 1. Location 2. Interview Style 3. Focus 4. Freedom to Leave.
What is Functional Equivalent in interrogation?
Interrogation can also occur when police use any words or actions, which they know, or should know, are likely to elicit an incriminating response.
If a short answer: ‘statements inadmissible because of functional equivalent.’
What must a Waiver of Miranda Rights be?
- Voluntary 2. Intelligent 3. Knowingly.
Drunk person can NOT waive Miranda (Self-Induced Disability).
What happens if a person invokes the Right to Remain Silent?
ALL Questioning stops, unless suspect initiates or attorney is present. You may ask questions about unrelated crimes.
What happens if a person invokes the Right to an Attorney?
ALL Questioning stops, unless suspect initiates or attorney is present. You may NOT ask questions about ANY crimes, related or unrelated.
What did Comm v. McNulty (2010) establish?
Police not only have the duty to stop questioning and informing but they also have a duty to relay the substance of the attorney’s message.
What is an Excited Utterance?
Statement about an event that just happened, like a woman running out of a car emotional saying ‘I just hit and killed him.’
Do not need to Miranda at first. If there’s a pause and actual questioning starts, need to Miranda.
What defines Custody?
Significant deprivation of freedom (significantly seized).
In a scenario, how do you identify the point of seizure and custody?
Point of seizure: turning on your blue lights and siren, telling a person to stop. Point of custody: handcuffs, back of cruiser.
