Confession and Miranda Invocate a Waiver that's Exclusionary at Six

Question 1

Confession

Answer 1

Confession Threats

(1) Confession = coerced = threat = physical, psychological = inadmissible
(2) Threats = prediction + negative consequences + no right to make.

Question 2

Miranda

Answer 2

Miranda Custodial Interrogation

(1) Miranda = prior to + told = not speak + statements used against them + right to counsel + appointment if can’t afford
(2) Custodial = not reasonably free to leave
(3) Interrogation = soliciting language != Spontaneous, unprompted comments

Question 3

Invocation

Answer 3

Invocation Silence New

(1) Right to counsel = clear + unambiguous + unequivocal = must be honored
(2) Silence != guilt inference
(3) New Miranda warning != small break, but significant amount of time

Question 4

Waiver

Answer 4

Waiver

Waiver of Miranda = knowingly + intelligently + affirmatively != explicit

Question 5

Exclusionary

Answer 5

Exclusionary Exception

(1) Exclusionary = suppression therefrom
(2) Exception = impeachment, independent source, inevitably discoverable

Question 6

Sixth

Answer 6

Sixth = attaches at formal charge != deliberate elicit if absent counsel