Confessions

Question 1

Confession must be?

Answer 1

Voluntary

Question 2

What standard of review is used if confession is not voluntary?

Answer 2

Harmless error test

Question 3

Right to Counsel (6th A.)

Answer 3

• Attached when judicial proceedings start
• Applies at all critical stages

-Offense specific

Question 4

If denied right to counsel 6th A. at trial and non trial ?

Answer 4

At trial: automatic reversal

Non trial: harmless error test

Question 5

Privilege Against Self Incrimination (5th A.)

Answer 5

Protected by Miranda

Question 6

Miranda

Answer 6

Must be given prior to custodial interrogation by police.

“Custodial”: reasonable person would not feel free to leave, obj test

“Interrogation”: words or conduct that would elicit an incriminating response

*Dont need Miranda if don’t know person is a cop

Question 7

Waiver of Miranda

Answer 7

Remain silent: must be knowing and voluntary

Right to Counsel: must be voluntary and unambiguous

Question 8

Guilty pleas

Answer 8

Must be knowing and voluntary

Def must know he is waiving right to jury trial