Confession

Question 1

14th Amendment Inquiry

Answer 1

The inquiry is whether the confession was voluntary, looking at the totality of the circumstances.

Question 2

6th Amendment Inquiry

Answer 2

There is a right to counsel at all critical stages once adversary judicial proceedings have begun. Attaches post-charge.

Question 3

5th Amendment Privilege Against Self-Incrimination

Answer 3

Before any custodial interrogation, defendant must be given Miranda warnings.

Question 4

Custody

Answer 4

Custody is the seizure or other situation where defendant is not free to leave or reasonably doesn’t feel free to leave.

Question 5

Interrogation

Answer 5

An interrogation is any statement or conduct reasonably likely to elicit an incriminating response. Once an accused has claimed a right to counsel, questioning may not be re-initiated unless at the request of the accused.

Question 6

Evidence Obtained Illegally

Answer 6

Evidence obtained in violation of these principles is excluded. But statements taken in violation of the 5th Amendment may be used to impeach as a prior inconsistent statement. Also, an accused may waive his right to counsel after invoking the right, and thus initiate the resumption of questioning.