Confessions Flashcards
Miranda Warning language
5th amend
1) right to remain silent
2) anything you say can be used against you in court
3) right to an attorney
4) if you can’t afford an attorney, one will be appointed for you
NOTE: need not be verbatim, just so long as substance is conveyed
When get Miranda Warnings
custodial interrogation
Custody
1) at time of interrogation
2) a reasonable person
3) would not feel free to leave: may apply to police car, jail, your home, hospital bed, ect.
4) objective standard
5) court will look to see if situation presents the same inherently coercive pressures as a station house questioning
NOTE: probation interviews and traffic stops are not “custodial”
Interrogation
1) any conduct
2) police knew or should have known
3) that they might elicit an incriminating response
Spontaneous statments
1) miranda warnings not required
2) look for “blurted out” language
Miranda Waiver
1) knowing
2) voluntary
3) totality of circumstances test in making this determination
Invoking right to silence
1) unambiguous
2) police may re-initiate questioning after the D has invoked right if they wait
(a) a significant amount of time
(b) defendant is remirandaized
(c) questions are limited to a crime that was not a subject of earlier questioning
Invoking right to counsel
1) unambiguous request
2) all questions must cease until
(a) accused is given an attorney
(b) accused initiates further questioning
3) if “break” in custody, police can come back and ask D to waive Miranda rights after 14 days
5th amend Right to counsel generally
1) arises when suspect invokes miranda rights
2) not offense specific
3) applies to entire process of custodial police interrogation
6th amend right to counsel generally
1) is offense specific
2) arises when charged
BUT muddled with 5th: if D given (not requested) counsel the police can come back and ask D to waive 6th amend right to counsel to discuss crime for which he has been charged
