Confessions Flashcards
Defendant gave a written statement to the police implicating him in a crime. What warnings must this statement show on its face in order to be admissible?
In addition to the warnings, what must the facts of the statement further show?
That the defendant was warned of his right to remain silent and that any statement he makes can be used against him at trial; right to have a lawyer present or appointed if he can’t afford one; right to terminate the interview at any time.
In addition, the facts of the statement must show that the defendant, prior to and during the king of the statement, knowingly, intelligently, and voluntarily waived his right as set out above.
The police arrest the defendant for theft, handcuff him, and take him to the police station. The officer advises the defendant of all his rights, and the defendant waives those rights. The officer then questions the defendant about the theft, and the defendant confesses. What procedural step, if any, can you take to have the trial court exclude the police officer’s testimony about the defendant’s confession from evidence? On what basis, if any, can you take this step?
File a motion to suppress the defendant’s confession, alleging that this is an oral confession that was not electronically recorded and did not contain assertions of fact or circumstances that are found to be true and which conduce to establish the guilt of the accused.
While in jail awaiting trial for the robbery of Bob’s Burger Bites, Bubba gives an oral statement to Sgt. Law confessing to the crimes of which he is accused, which was recorded. The recording shows that Sgt. Law said to Bubba, “You know you want to waive your Miranda rights and that the devil wants that too, don’t you?” Bubba says, “yes, yes, yes, ha, ha, ha,” in response. Later in the recording you can hear Bubba says, “I did it, I did it, I did it,” in response to Sgt. Law’s question, “You know that the devil will get you if you do not admit that you committed the robbery of Bob’s Burger Bites, don’t’ you? What procedural step would you take to obtain a ruling that the confession was inadmissible and on what legal basis would you have taken this step? Explain fully.
File a motion to suppress the defendant’s confession, alleging that the defendant did not voluntarily waive his Miranda rights because he was insane, and that his confession was involuntary because it was the result of coercion.
