Confessions

Question 1

Requirements for a Confession

Answer 1

Need voluntariness as determined by the totality of the circumstances

Question 2

Harmless Error Test

Answer 2

Conviction need not be overturned if overwhelming evidence of guilt

Question 3

Sixth Amendment Right to Counsel

Answer 3

Attaches at CRITICAL STAGE, only after formal proceedings have begun—need to be charged!

Question 4

Miranda Warnings

Answer 4

Required during custodial interrogation! Need not be verbatim, but typically say

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 cannot afford, one will be appointed

Question 5

2 Step Custody Analysis

Answer 5

1. Reasonable person free to terminate interrogation and leave?
2. Whether environment presents same inherently coercive pressures as station house questioning?

Question 6

What is an interrogation?

Answer 6

Any words or conduct by police that they should know would likely elicit an incriminating response

NOTE: Miranda warnings not required before spontaneous statements**

Question 7

Effect of Miranda violation?

Answer 7

Generally, the evidence obtained is inadmissible, however, it may be used to impeach at trial