Confessions

Question 1

Voluntary

Answer 1

If a confession was involuntary (a product of official compulsion), it will be inadmissible under the Due Process Clause.

Question 2

Sixth Amendment Right to Counsel

Answer 2

The Sixth Amendment guarantees the right to the assistance of counsel in all critical stages of a prosecution after judicial proceedings have begun. Police cannot deliberately elicit incriminating statements from a defendant outside the presence of counsel after defendant has been charged unless the defendant waives his right to counsel. This right is offense specific, so officers can question the defendant about unrelated, uncharged offenses.

Question 3

Fifth Amendment Privilege Against Self-Incrimination

Answer 3

Miranda warnings are required when a suspect is in custody, prior to interrogation, but only when the detainee knows they are being questioned by a government agent.

Question 4

Miranda Custody

Answer 4

A person is in custody if a reasonable person in the circumstances would not feel free to leave. Consider whether the environment presents the same inherently coercive pressures as the traditional station house questioning.

Question 5

Miranda Interrogation

Answer 5

Interrogation includes any words or conduct by the police that they should know would likely elicit an incriminating response.

Question 6

Miranda Waiver

Answer 6

Must be knowing and voluntary.

Question 7

Invoking Right to Remain Silent

Answer 7

To be effective, the detainee must unambiguously indicate that they wish to remain silent. Simply remaining silent is not enough. If the detainee invokes this right, police must scrupulously honor the request.