Confessions (Module 5) Flashcards
Voluntariness (Confessions)
For a confession to be admissible under the 5th Amendent DP, it must be given voluntarily as determined by the TOC; will be involuntary if there is official compulsion
Harmless Error Rule (Confessions)
If an involuntary (compelled) confession is admitted into evidence, the conviction will NOT be overturned if there is other overwhelming evidence of guilt
6th Amendment Right to Counsel
- Applies after the defendant has been charged
- Is offense specific (D can still be questioned about unrelated, uncharged offenses after they’ve requested counsel)
- Waiver must be voluntary and knowing
Statements Obtained in Violation of 6th Amendment
Statements obtained in violation are not admissible but can be used to impeach D’s trial testimony
Stages Where D has Right to be Represented by Counsel
- Post-indictment interrogation (whether or not custodial)
- Preliminary hearings to determine if PC to prosecute (NOT detain)
- Arraignment
- Post-charge lineups
- Guilty plea/sentencing hearing
- Felony trials
- Misdemeanor trials where going to jail is on the table
- Overnight recesses during trial
- Appeals as a matter of right
- Appeals of guilty pleas
Note: at nontrial proceedings the harmless error rule applies to deprivation of counsel
Stages Where D does NOT Have Right to be Represented by Counsel
- blood sampling
- handwriting/voice IDs
- precharge lineups
- photo identifications
- preliminary hearings to determine if PC to detain (NOT prosecute)
- brief recesses during trial
- discretionary appeals
- parole/probation proceedings
- post-conviction proceedings
When Miranda Warnings Are Required
1) Governmental conduct
2) Custodial interrogation
Elements of Government Conduct (Miranda)
Miranda warnings are required when there is governmental conduct + custodial interrogation
- the detainee must know they are being interrogated by a gov agent
- so an informant/undercover cop can interrogate them (even after they’ve invoked miranda rights) and it is ok
Elements of Custodial Interrogation
Miranda warnings are required when there is governmental conduct + custodial interrogation
Custodial
- would a rxble person feel free to leave; if no, then…
- is it the same inherently coercive pressures Miranda was designed to protect against
Interrogation
- words/conduct by police they should know are likely to elicit a criminal response
- note: spontaneous statements by D are not protected
D Invokes Right to Remain Silent (Miranda)
1) must be unequivocal and unambiguous
2) police must stop “scrupulously honor” this by not badgering
3) after appropriate amount of time, police can re-Mirandize and question about them about an unrelated crime
D Invokes Right to Counsel (Miranda)
1) must be unequivocal and unambiguous
2) all questioning must stop for good; unless:
- D waives the right (reinitiates)
- D voluntarily returns to the police 14 days later then they can question them again
Effect of Violation of Miranda Rights
Confession in violation can be used for impeachment
Question First, Warn Later
If police question detainee, get confession, and then read them their rights afterward, it will still be admissible as long as it wasn’t planned/inadvertently done
- ex. thought the warnings were already given but hadn’t actually done yet
Nontestimonial Fruit of Confession in Violation of Miranda
If don’t give Miranda warning and gain info during interrogation that leads to evidence unrelated to the testimony, as long as lack of warnings was not purposeful then evidence will not be suppressed
Public Safety Exception to Miranda
Interrogation without Miranda rights is allowed when there is a reasonable concern for public safety (ex. “where is the bomb??”)
