Confessions

Question 1

When are Miranda Warnings required

Answer 1

When custody and interrogation are both present

Question 2

When does Custody occur?

Answer 2

When a suspect is arrested or otherwise derived of their freedom of action in any significant way. When a reasonable person, innocent of any crime, would not feel free to leave

Question 3

Interrogation

Answer 3

Direct or indirect questioning which would elicit an incriminating response

Question 4

Waiver of Miranda Rights Requirements

Answer 4

Knowingly
Voluntarily
Intelligently

Question 5

How may a court determine voluntariness of a waiver

Answer 5

Duration and Conditions of detention
Attitude of the police
Age, physical and mental condition
Any tricks or deception used

Question 6

Three concepts that Make up Miranda

Answer 6

You do not have to speak to police
Any statements made may be used against the suspect
A lawyer will be provided upon request at any time

Question 7

When is Absolute Right to Counsel Applied

Answer 7

An accusatory instrument is filed
(Applies only to case of instrument)

A suspect in custody requests a lawyer
(not in custody, arc not applied)

Police are contacted by an attorney representing the suspect
(ARC for all cases represented)

Question 8

Can you administer Miranda Warnings after suspect gives an incriminating response?

Answer 8

Yes. Needs a break in the continuous chain of interrogation.
Time between unwarned and warm question
Change in location of second inquiry
Change in personnel making inquiry
Contact between suspect and family
Medical treatment if necessary

Question 9

Juveniles and Miranda

Answer 9

Juveniles under 16 and not juvenile offender must have parent/guardian present when administering Miranda. Both must waive rights