Confessions Flashcards
The admissibility of voluntary confessions is assessed using the ____ standard.
Harmless error
6A right to counsel only applies _____.
After formal judicial proceedings have begun
Miranda warnings are necessary even if a defendant doesn’t know that they’re being interrogated by the police/a govt agent. T/F
False, they don’t have to know
Miranda warnings have to be verbatim. T/F
False, just need the substance of the reqs
Custody two-step process:
1- whether reasonable person would feel free to terminate interrogation and leave
2- whether environment presents the same inherently coercive pressures as stationhouse questioning
Interrogation is any ___ or ___ by police that they should know would _____.
Words; conduct
Likely elicit an incriminating response
Right to remain silent must be ____ and then the police must ____.
Unambiguous; scrupulously honor the request by not badgering the detainee
Detainee must ____ indicate that she wishes to speak to counsel, then all questioning must ___ until D gets counsel. But, if D is release and ____ days have passed since release, police can reinitiate questioning w/o lawyer.
Unambiguously
Cease
14 days
Confession obtained in violation of Miranda rights can never come in at trial. T/F
False— they can come in for impeachment purposes if made by the defendant who takes the stand
Police can interrogate w/o Miranda warnings when reasonably prompted by concern for public safety. T/F
True
The three “I’s” that make evidence admissible:
Independent source
Intervening act of free will
Inevitable discovery
