Confessions Flashcards
What amendments/rights should you think of when assessing the validity of the admission of a criminal D’s confession?
- 14A DPC req that confession be voluntary
- 6A right to counsel
- 5A privilege against self-incrimination
Under 14A, for a self-incriminating statement to be admissible it must be ____. A statement that ______ does not qualify as this.
If an invalid confession is admitted in violation of 14A, then ____.
- statement must be voluntary
- an involuntary statement = one procured by official compulsion (NOT, e.g. due to mental illness, etc)
- Apply the harmless error test, i.e. if the error is harmless, i.e. didn’t effect outcome, then conviction not overturned
Under 6A, a criminal D’s confession will be inadmissible if ____.
if it was solicited after the defendant has been charged without counsel present (and if there has been no waiver of the right to counsel).
The 6A guarantees right to assistance of counsel. This right kicks in once judicial proceedings have begun (e.g. NOT arrest, YES after charge)
Note: 5A right to counsel applies BEFORE judicial proceedings
Note: 6A does not apply to post-conviction proceedings, discretionary appeals, parole/probation hearings, pre-charge investigatory work, etc.
If D is charged with crime A, but also party in interest for crime B (not yet charged), can state question him w/o an attty present wrt crime B under the 6A?
Yes, the 6A is offense-specific, so it only attaches wrt the specific crime (here, the crime charged), so the cops may question and try to elicit a confession re another crime.
Note: crime is considered different as long as there is at least one element not in common
Note: 5A right to counsel may still apply
A waiver of 6A rights must be ____.
knowing and voluntary.
note: atty need not be present
What is the legal effect of a 6A violation wrt conviction?
Conviction will be automatically reversed if D was entitled to counsel at trial and did not have one OR if there was erroneous disqualification of privately retained counsel.
If 6A is violated at nontrial proceedings (e.g. post indictment), harmless error rule applies, so only reversed if it obviously affected the outcome.
When may a D’s confession obtained in violation of 6A be admissible in court?
Generally, it is inadmissible. But it can be used to impeach a D who takes the stand + says inconsistent statement on stand.
What does the 5A privilege against self-incrimination require?
It requires officers to give Miranda warnings to suspects before custodial interrogation. If warnings were not properly given, then any admissions by D will not be admissible in court.
Miranda warnings:
- person has right to remain silent
- anything they say can be used against them in court
- person has right to presence of atty
- if person cannot afford an atty, one will be appointed if they want
Note: warnings need not be verbatim, just get message across
What’s the difference between 5A right against self-incrimination and the 6A right to counsel?
- failure to give Miranda warnings = violates 5A
- failure to provide counsel/allow counsel in judicial proceedings = violates 6A
In what situations must the govt provide Miranda warnings?
When person is in custody of the govt, accused of a crime, prior to their interrogation.
(a) govt conduct: only necessary if detainee knows its the govt, i.e. informants don’t count
(b) custody: ask, (1) whether a reasonable person would feel that they were free to leave, and (2) whether the environment presents the same sort of inherently coercive pressures as a station house
(c) interrogation: any words/conduct that the cops should know would elicit an incriminating response (so, routine q’s, spontaneous statements don’t count)
Note: doesn’t apply to uncharged witness at grand jury proceeding
What are the 4 things a detainee can do after receiving a Miranda warning, and what is the legal significance of those things? (i.e what can/must cops do in response)
(1) do nothing: waiver is not presumed but neither is invocation of any rights, so cops can continue to question (note: saying nothing then answering q’s, probs sufficient waiver)
(2) waive rights: if govt can show by preponderance of evidence that waiver was knowing and voluntary, then it will be valid.
(3) invoke the right to remain silent: must be explicit and unequivocal to be valid (silence doesnt count), and cops must scrupulously honor (cannot immediately continue questioning, but can come back after long period time to ask re something else)
(4) invoke the right to counsel: once detainee unambiguously indicates they want to speak to counsel, then ALL questioning must stop until counsel has been provided, unless (1) waive right to counsel or (2) let go & 14 days have passed
Note: allowing person to talk to counsel, then resuming questioning after counsel has left will not be valid unless detainee waives right after
If a statement is obtained in violation of criminal D’s Miranda rights, when may it be admitted?
Generally the statement will be inadmissible, except for if introduced to impeach D by prior inconsistent statements (if D has taken the stand) (but need limiting instruction wrt using it as evidence of guilt).
What happens if police question a detainee, detainee gives confession, THEN they give miranda warnings later and then question detainee again and the detainee gives confession again after the Miranda warnings were given?
If it seems like an intentional scheme to get around Miranda req’s, then statement will be inadmissible. But if it seemed inadvertent/didn’t have the effect of having person think they were bound by earlier statement, then may be OK.
What happens if police fail to give Miranda warnings and detainee gives statement that then leads to them finding nontestimonial evidence (e.g. gun, “fruits of an unwarned confession)?
The evidence will be inadmissible if the failure to give Miranda warnings seems purposeful.
What is the public safety exception to the 5A Miranda req?
Cops may interrogate without issuing Miranda warnings if doing so was reasonably prompted by a concern for public safety (e.g., trying to find concealed weapon with others nearby).
