Confessions

Question 1

for a self-incriminating statement to be admissible it must be

Answer 1

voluntary

Question 2

harmless error test

Answer 2

A conviction which resulted from an involuntary confession can still be upheld if there is other overwhelming evidence of guilt

Question 3

sixth amendement guarantees

Answer 3

right of counsel for criminal proceedings after judicial proceedings have begun

Question 4

there is no violation of the 6th A right to counsel

Answer 4

BEFORE formal proceedings have begun

Question 5

A D who has been arrested but not charged
has/doesnt have right to?

thinka bout the amendments

Answer 5

1. no 6th A right to counsel
2. 5th A right to counsel under Miranda

Question 6

6th A is offense specific which means that the D can be questions without counsel about other offenses unrelated to the charge for which they are being held

Question 7

does 6th A waiver require counsel to be waived?

Answer 7

no

Question 8

in nontrial proceedings, deprivation of counsel under 6thA

in regards to conviction

Answer 8

harmless error rule applies and conviciton can be held

Question 9

in trial proceedings, deprivation of counsel under 6thA

Answer 9

results in automatic reversal of conviction

Question 10

what type of proceedings will deprivation of counsel NOT affect outcome

what result/what exception?

Answer 10

nontrial

harmless error

Question 11

what type of proceedings will deprivation of counsel affect outcome

what result/what exception?

Answer 11

trial proceedings

automatic reversal

Question 12

failure to give Miranda warning, violates?

does not violate?

Answer 12

5th A right against compelled self-incrimination

6th A right to counsel

Question 13

when is Miranda warning required

Answer 13

prior to interrogation by police

Question 14

Miranda warning generally only necessary if

Answer 14

D knows they are being detained by gov’t agent

Question 15

list (2)

how is it determined if custody exists

Answer 15

1. would a reasonable person feel free to terminate interrogation and leave?
2. if freedom of movement restricted, is the environment similar to that of a traditional arrest?

Question 16

waiver of Miranda rights has to be

Answer 16

govt has to show by a preponderance of the evidene that waiver was knowing and voluntary

Question 17

if D unambigously requests counsel, all questioning must cease until counsel has been provided unless

Answer 17

1. D then waives the right to counsel
2. D is released from interrogation and 14 days have passed

Question 18

if D indicates they wish to remain silent and PO re-question about a different crime

Answer 18

fresh Miranda has to be administered

Question 19

if D indicates they want counsel and PO re-question about a different crime

Answer 19

PO must immediately cease questioning until counsel provided or D initiates questioning again

Question 20

statements obtained in violation of Miranda

Answer 20

can be used to impeach
cannot be used as evidence of guilt

Question 21

If PO obtian a confession from a detainee without Miranda and then give Miranda is confession admissible?

Answer 21

subsequent confession will be inadmissible if the series of events was intentional (let the D confess, then give the Miranada warning, then D confesses again)

if not series of events was not intentional and failure to give Miranda warnings was inadvertent, then subsequent valid confession may be admissible

Question 22

if PO fail to give Miranda warning and during interrogation D gives PO infor that leads to nontestimonal evidence, evidence will be?

Answer 22

1. suppresed if failure was purposeful
2. admissible if failure was not purposeful