Confessions** Flashcards
Involves which amendments
4, 5, 6, 14
Voluntariness (and amendment)
Self incriminating statements must be given voluntarily. ToC. Mental illness is not an indication.
14th Amendment
Harmless error test (voluntariness)
If involuntary confession admitted, no need to overturn conviction if other overwhelming evidence of guilt.
6A RTC
Applies to all critical stages of prosecution AFTER judicial proceedigns have begun
Prohibits police from deliberatly eliciting incriminating statements outside presence of counsel AFTER D has been formally charged, UNLESS D waives.
Must be AFTER formal proceedings have begun
Stages where 6A RTC is not applicable
1) Blood Sampling
2) Takign of handwriting or voice exemplars
3) Precharge or investigative lineups
4) Photo identifications
5) prelim hearings to determine PC to detain
6) Brief recesses during D testimony at trial
7) Discretionary appeals
8) parole and probation revocation proceedings
9) Post-conviction proceedings
6A RTC Unrelated offenses
D may be questioned regarding unrelated, uncharged offenses w/o violating 6A.
Waiver of 6A RTC
Must be knowing and voluntary. Doesn’t neceessarily require presence of counsel.
6A RTC remedy
Harmless error rule applies to non-trial proceedings.
BUT if breached at trial, automatic reversal of conviction.
6A RTC Impeachment
While statement collected in breach is generally not admissible, it may be used to impeach
5A Self Incrimination
Protected by Miranda Warnings
Miranda Warnings and contents
Required after custody, prior to interrogation. Gov agent only, not informants the D doesn’t know is an informant.
Substance:
1) Remain silent
2) anything in court of law
3) right to attorney
4) one will be appointed
Just need substance
Miranda Warnings and Grand Jury Hearings
Reqs do not apply to an uncharged witness testifying before a grand jury
Miranda CUstody Req
Two step process:
1) Whether reasoanble person would feel free to terminate interrogation and leave (ToC)
2) Whether enviormental persents same inherently coercive pressures as station house questioning. More oppressive, more likeley to be custody.
Miranda Interrogatio Req
ANy words or conduct by police that they should know would likeley elicit an incriminating response.
Not required before spontaneous statements.
Routine booking questions are okay.
Miranda Waiver (options and effecitvness)
1) Do/say nothing: Not a waiver
2) Waive rights: gov must show by preponderance of evidence that waiver was knowing and voluntary (ToC) (answering questions after miranda is sufficient)
3) Invocation of right to remain silent: must be explicit. Police must scrupulously honor request by not badering detainee. (but may be able to ask about new crime, after time and with new miranidaztion)
4) Innovocation of RTC: Must be explicit. All questoining must cease until counsel has been provided unless detainee:
—-then waives RTC (like startint to answer) OR
—–is release from the custodial interrogation to normal life and 14 days have passed since release (back to cell/prison counts as normal life for inmates)
