Confessions

Question 1

being unconstrained at a crime scene is or is not custody

Answer 1

not custody

reasonable person would feel free to leave

Question 2

grounds for confession being inadmissible

Answer 2

involuntary

product of delay in bringing the arrested D before a magistrate

miranda violation

6th Am right to counsel violation

product of an unlawful arrest or detention

Question 3

requirements for a confession to be admissible

Answer 3

voluntary [due process]

not product of other constitutional violation or miranda violation

Question 4

when is a confession involuntary

Answer 4

• there must be some official compulsion such that
  (a) it is a result of coercion or threats [usually physical force, threat of physical-force, extreme psychological trickery]
  or
  (b) the totality of the circumstances show that the officer’s misconduct overcame the D’s will

totality of the circumstances factors:
- deception of suspect
- promise of specific benefit made by authorities
- delay in presenting suspect before a magistrate

Question 5

when is a confession NOT involuntary

Answer 5

when it is a product of the D’s mental impairment

Question 6

test for admitting involuntary confession into evidence

Answer 6

harmless error test [if there is overwhelming evidence of guilt, conviction need not be overturned

Question 7

what does the fifth Am privilege against compelled self incrimination require

Answer 7

miranda warnings

Question 8

when is miranda required

Answer 8

when you are in the custody of the government and accused of the crime

and

prior to interrogation by police

Question 9

what are the custody and interrogation requirements for miranda?

Answer 9

(1) detainee must know they are being interrogated by a government agent [i.e. not informant that D doesn’t know is working for police]

(2) custody
- reasonable person under circumstances would feel they were not free to terminate the interrogation and leave [consider all the circumstances]
and
- relevant environment presents the same inherently coercive pressures as the type of station house questioning at issue in Miranda [the more the situation resembles traditional arrest, the more likely it is that miranda must be given]

(3) interrogation
- any words or conduct by the police that they should know would likely elicit an incriminating response from the detainee
[NOT routine booking questions, NOT before spontaneous statements by detainee]

Question 10

exception to miranda

Answer 10

if custodial interrogation is prompted by immediate concern for public safety, miranda warnings not required = incriminating statements admissible

Question 11

what are the miranda warnings

Answer 11

• The person has the right to remain silent
• Anything the person says can be used against them in court
• The person has the right to presence of an attorney; and
• If the person cannot afford an attorney, one will be appointed for them if they so desire

**need not be verbatim, just need to convey this information

Question 12

how to prove confessions are admissible after miranda is given

Answer 12

(1) miranda warnings were given

(2) voluntary and knowing waiver of
— right to attorney during question [unless one was present]
and
— right to remain silent

Question 13

violating miranda = violating ____ amendment

Answer 13

fifth amendment right to be free from compelled self incrimination

Question 14

what proceedings do not require miranda

Answer 14

uncharged witness testifying before grand jury, even if witness was compelled by subpoena to get there

Question 15

options after detainee is given miranda warnings

when do these options constitute waiver of rights?

Answer 15

(1) do nothing
– waiver NOT presumed
– assertion of rights NOT presumed
= police can question detainee

(2) waive rights
- waiver must be knowing and voluntary under a totality of the circumstances test [if detainee starts answering questions after miranda, that is waiver]

(3) assert right to remain silent
— explicit, unambiguous, unequivocal [not simply failure to answer questions]
= police must SCRUPULOUSLY HONOR request by not badgering detainee

(4) assert right to consult with attorney
— unambiguously and specifically indicate you wish to speak to counsel such that reasonable police officer would understand it to be a request for counsel
= all questions must cease until counsel has been provided UNLESS:
[a] detainee then waives right to counsel [such as by reinstating questioning]
OR
[b] detainee is released from custodial interrogation back to normal life AND 14 days have passed since release AND new set of miranda warnings are given

Question 16

when can police re-initiate questioning after someone successfully invokes right to remain silent?

Answer 16

when the police wait a significant amount of time

the person is re-Mirandized

and

the questions are limited to a crime that was not the subject of the earlier questioning.

Question 17

which is invocation is offense specific - silence or attorney?

Answer 17

invocation of right to remain silent is offense specific = after invocation, the police can question you about a different crime AS LONG AS there is a break and they give fresh miranda warnings

invocation of right to counsel is not offense specific – police cannot question you about any crime

Question 18

how long does invocation of right to counsel’s prohibition against questioning last?

Answer 18

the entire time that the detainee is in custody for interrogation purposes, plus 14 more days after the detainee returns to their normal life

new set of miranda warnings must be given

Question 19

what does it mean to allow detainee to consult with counsel after invocation of right to counsel?

Answer 19

counsel must be present during the interrogation

do not let them consult and then resume interrogation after counsel leaves the station

Question 20

effects of miranda violation

Answer 20

GENERAL RULE - inadmissible under exclusionary rule

Question 21

If there is a miranda violation, to what extent can a confession or fruits of confession still be used? i.e. in what situations are confessions admissible?

Answer 21

(1) unwarned confession may be used for impeachment of the defendants trial testimony on cross examination

(2) non testimonial fruits of unwarned confession will not be suppressed if the failure to give miranda warnings was not purposeful [if it was purposeful, they will be suppressed]

(3) intentional scheme to commit “question first warn later” questioning
— if police obtain unwarned confession but then give detainee miranda warnings and obtain a second confession, the second confession is INADMISSIBLE IF police did that on purpose to get around miranda
— if it was unplanned and inadvertent, the second confession is admissible

Question 22

If testimonial evidence that should have been excluded as violative of Miranda was improperly admitted at trial and the defendant was convicted, is the court required to vacate the guilty verdict?

Answer 22

Verdict will stand if government can prove beyond reasonable doubt that error was harmless because D would have been convicted without tainted evidence