Confessions

Question 1

When Confessions may be Inadmissible

Answer 1

1. may be inadmissible if:
   
   1. involuntary
   2. product of delay in bringing arrested D before magistrate
   3. Miranda violation
   4. 6^th am. right to counsel violation
   5. product of an unlawful arrest or detention

Question 2

When a Confession is Involuntary

Answer 2

1. involuntary and inadmissible if:
   
   1. a result of coercion or threats; or
   2. on totality of the circumstances, officer’s misconduct overcame D’s will

Question 3

Effect of D’s Undisclosed Mental Impairment on Confession

Answer 3

1. D’s undisclosed mental impairment alone will not create involuntariness.
   
   1. for confession to be inadmissible, police need to coerce, not just D acting on his own mental issues

Question 4

Confessions because of God

Answer 4

1. God cannot coerce a confession- e.g. confession admissible if suspect confesses because he claimed God told him to and he has mental impairment.

Question 5

Factors to Consider for Involuntary Confessions

Answer 5

1. deception of the suspect by officers
2. delay in presenting the suspect before a magistrate, and
3. promise of a specific benefit made by a person in authority

Question 6

Deceit by Officer standard for involuntary confessions

Answer 6

1. Deceit by officer must be over-the-top deceitful. Regular, run-of-the-mill lying does not make confession involuntary

Question 7

Application of Confession Laws on Exam

Answer 7

1. Standard pretty tough, unlikely to be inadmissible. unless something crazy happens.
   
   1. when in doubt, likely admissible. and not coerced.

Question 8

When Miranda Rights Apply

Answer 8

1. When suspect is:
   
   1. suspect is subject to interrogation, and

suspect is in custody, that is arrested or its

Question 9

When Miranda Rights Don’t Apply

Answer 9

1. Miranda not applicable during a nonarrest Terry traffic stop.

Question 10

How to Tell if D is in Custody for the Purposes of Miranda

Answer 10

1. How to tell if in custody:
   
   1. look for things like handcuffs, weapons drawn
2. Functional equivalent could be some police officers coming to your house at 4 AM and asking you questions.

Question 11

Interrogation Defined for the purposes of Miranda

Answer 11

1. Any conduct the police knew or should have known was likely to elicit an incriminating response.
2. Any action which the officer should reasonably know is likely to result in an incriminating response is the equivalent of interrogation
   
   1. e.g. “I know you invoked, but your friends saw you do it,” any blurted statement in response inadmissible.

Question 12

Miranda Interrogation Rule Exception

Answer 12

1. Miranda does not apply to incriminating statements made spontaneously, since they are not the product of interrogation.

Question 13

Miranda and Undercover Officers

Answer 13

1. Undercover officers posing as friends do not violate Miranda.
2. Ratioale: Suspect thinks the other person is a friend, must feel as though he’s in custody/coerced/dominated by police.
3. BUT, note that they do violate 6th am. right to counsel

Question 14

Public Safety Exception to Miranda

Answer 14

1. If interrogation is prompted by an immediate concern for public safety, Miranda warnings are unnecessary and any incriminating statements are admissible against the suspect.
   
   1. e.g. man in custody with empty holster on belt. Cops can ask him where the gun is.

Question 15

Miranda Requirements

Answer 15

1. The same shit you hear on TV all the time
2. suspect has right to counsel present during questioning.
3. Suspect must be given warnings:
   
   1. right to remain silent.
   2. Anything said may be used against the suspect.
   3. Right to have an attorney present
   4. Right to appointed attorney if unable to provide own

Question 16

How to ensure confession complies with Miranda and is thus Admissible

Answer 16

Admissible if prosecution shows:

1. warnings were given, and
2. suspect made voluntary and knowing waiver of:
   
   1. the right to an attorney, and
   2. the right to remain silent.
   3. (suspect often initials/signs paper with rights on them that waives those rights)

Question 17

Miranda Waiver Requirements

Answer 17

1. knowing and intelligent
2. voluntary

Question 18

Definition of Knowing and Intelligent for the Purposes of Miranda

Answer 18

1. knowing and intelligent
   
   1. suspect must understand:
      
      1. the nature of the right, and
      2. the consequences of abandoning those rights

Question 19

Definition of Voluntary for the Purposes of Miranda

Answer 19

1. Voluntary
   
   • must not be the product of police coercion

Question 20

How Miranda Waivers are Judged

Answer 20

• Judged under totality of the circumstances test.
• Must be a showing that the detainee received Miranda warnings and then chose to answer questions

Question 21

Burden of Proof for Miranda Waivers

Answer 21

1. Burden of proof is on prosecution by preponderance of the evidence

Question 22

Personal Nature of Miranda Rights

Answer 22

1. Miranda rights are personal
   
   1. must be invoked by suspect, not the lawyer
   2. Even if lawyer wants to be present for the questioning, suspect can still waive rights and confess without attorney.

Question 23

Subsequent Re-Assertion of Miranda rights after waiver

Answer 23

1. If you waive, then re-assert right to counsel, cops must immediately stop questioning until suspect gets counsel.

Question 24

Effect of D Invoking Miranda 5th Am. Right to Remain Silent

Answer 24

1. Once invoked, police must “scrupulously honor” a suspect’s request to remain silent.
   
   1. This means, at the very least that the police cannot badger a suspect into talking.
2. But, police can wait a respectful period of time and re-approach suspect asking to talk.

Question 25

Effect of D invoking 5th Am Miranda right to counsel

Answer 25

1. all interrogation must cease once suspect invokes right unless a suspect re-initiates.
   
   1. police cannot re-approach the suspect without an attorney present

Question 26

Expiration of 5th Am Miranda Right to Counsel

Answer 26

• Request for counsel expires 14 days after suspect is released from Miranda custody.
• Suspect may then be questioned regarding the same matter after receiving a fresh set of Miranda warnings.

Question 27

Clarity Requirement for 5th am Miranda right to counsel

Answer 27

1. If suspect wants to invoke counsel, they must be very clear. An ambiguous invocation of the right to counsel not good enough.
   
   1. e.g. “I think I want a lawyer”

Question 28

Offense Specificity of 5th Am Miranda Right to Counsel

Answer 28

1. 5^th am right to counsel is not offense specific. So, interrogation following a request for counsel under Miranda is prohibited as to all topics, outside the presence of the suspect’s atty.
   
   1. i.e. if suspect invokes, invocation is good for all crimes cops want to question him about.

Question 29

Admissibilty of Statements Obtained in Violaton of Miranda

Answer 29

• incriminating statements obtained in violation of a suspect’s Miranda rights are inadmissible in the prosecutor’s case in chief
  
  • but, may be used to impeach the defendant’s testimony on cross.
• Not admissible to use against 3^rd party witnesses.

Question 30

Admissiblity of Evidence Gathered from tainted Miranda Statement

Answer 30

1. Failure to give a suspect Miranda warnings does not require suppression of the physical fruits from incriminating statements, provided the statements are voluntary.

Question 31

Cleansing Tainted Miranda Statement

Answer 31

1. if statement is inadmissible due to a Miranda violation, subsequent statements made after obtaining a Miranda waiver are admissible
   
   1. But the initial, non-Mirandized statement must not be obtained through the use of inherently coercive police tactics that are offensive to due process.

Question 32

D convicted after tainted Miranda statement is admitted at trial

Answer 32

1. Guilty verdict will stand if prosecution can prove harmless error beyond a reasonable doubt
   
   1. this also applies to improperly admitted physical evidence

Question 33

6th Amendment Right to Counsel

General Explanation

Answer 33

1. in interrogation situations, the accused also has a 6th Am. right to counsel if judicial proceedings have begun
2. this right to counsel provides more protection than Miranda.
3. This is an express constitutional guarantee.

Question 34

6th Am Right to Counsel

List of Rights

Answer 34

1. D has a right to counsel at questioning by undercover officer
2. D has right to counsel at questioning even if not in custody, and
3. Police violate right to counsel if they interfere with counsel contacting a client undergoing questioning.

Question 35

Stage at which 6th Am Right to Counsel Applies

Answer 35

1. It applies at all critical stages of a criminal prosecution

Question 36

When 6th Am Right to Counsel Attaches

Answer 36

• The right attaches once formal charges are filed
  
  • not upon arrest
  • initial appearance triggers the right
  • e.g. at indictment, when D is presented before a judge on the complaint.

Question 37

6th Am Right to Counsel Offense Specificity

Answer 37

1. 6th Am Right to Counsel is offense specific
   
   1. applies only to the charges filed. Provides no protection for uncounseled interrogation for other uncharged criminal activity.

Question 38

6th Am Right to Counsel and Other Crimes

Answer 38

1. If D has counsel for one crime, police can still pick them up later and ask about other crimes.
   
   1. But, under 5^th am right to counsel, police cannot make interrogations about any crime during the same questioning for which D has invoked the right to counsel.
   2. So, which right to counsel applies is based on when the interrogation is happening and what else happened (e.g. did D already invoke right to counsel, is D being picked up after the initial interrogation where he invoked)

Question 39

Undercover Cops and 6th Am Right to Counsel

Answer 39

1. Undercover cops that persuade defendants to confess to the crime after arrest is inadmissible under the 6^th am right to counsel.
   
   1. This does not matter where the confession happened, custody not a requirement.