confessions Flashcards
Fourteenth Amendment voluntariness
for self-incriminating statement to be admisisble under DPC, it must be voluntary as determined by the TOC
involuntary if official comulsion
Harmless error test applies –> Conviction need not be overturned if overwhelming evidence of guilt
6th Am RTC
applies to all criminal proceedings, which include all critical stages of prosecution after judicial proceedings have begun e.g. formal charges have been filed
* post but not pre-charge lineup
a defendant who is arrested but not yet charged does not have a Sixth Amendment right to counsel but does have a Fifth Amendment right to counsel under Miranda
even though a defendant’s Sixth Amendment rights have attached regarding the charge for which they are being held, the defendant may be questioned regarding unrelated, uncharged offenses without violating the Sixth Amendment right to counsel
waiver of 6th Am RTC
must be knowing and voluntary
* Knowing: police have given Miranda warnings, informing D that he has a right to an attorney
* Voluntary: if the defendant request counsel and that request is not honored, it is doubtful waiver would be found voluntary for sixth amendment purposes
use of statement in violation of 6th Am RTC
A statement obtained in violation of a defendant’s Sixth Amendment right to counsel, while not admissible in the prosecution’s case-in- chief, may be used to impeach the defendant’s contrary trial testimony
pre-charge lineup
no RTC under 6th Am bc pre-charge
BUT D can attack identification if it unnecessarily suggestive and there is substantial likelihood of misidentification under Due Process clause
Fifth Amendment privilege against
compelled self-incrimination: Miranda
anyone in custody of the gov’t and accuesed of a crime must be given Miranda warnings prior to interrogation
D must be told:
* Right to remain silent
* Anything said can be used against them in court
* Right to attorney
* if person cannot afford an attorney, one will be appointed
MW: government conduct
Miranda warning necessary only if detainee knows they are being interrogated by gov’t agent
* Not CI
* Inapplicable at grand jury hearing
MW: custody requirement
(1) Whether RP would feel free to terminate interrogation and leave
* objective test, TOC
(2) Whether environment presents same inherently coercive pressures as station house questioning
MW: interrogation requirement
“Interrogation” includes any words or conduct by the police that they should know would likely elicit an incriminating response from the detainee
* not limited to direct questioning
MW not required for spontaneous statements: statements made in response to any police conduct aka where the suspect blurts out info upon seeing police –> no interrogation
waiver of MR
D may waive MR if knowing and voluntary
* the police do not have to inform the detainee of possible charges to meet this standard
invocation of right to remain silent
must be unambiguous
* just being silent not enough
Police must scrupulously honor this request by not badgering detainee
BUT even if the detainee indicates that they wish to remain silent, the police probably may re-question them about a different crime after a break if fresh warnings are administered.
invocation of RTC
must be unambiguous
all quesitons must cease until counsel has been provided unless
* D waives RTC (e.g. by initiating questioning) OR
* D is released back to normal life and 14 days have passed since the release
effect of Miranda violation
A statement taken in violation of a suspects’ fifth amendment right to counsel cannot be used by the prosecution in its case in chief
* confession obtained in violation of Miranda, but otherwise voluntary, can be used to impeach D’s trial testimony but not used as evidence of guilt
if detainee gives police information that leads to nontestimonial evidence–> evidence suppressed if failure to give MW was purposeful but likely admitted if failure was not purposeful
