Confessions Flashcards
What are the 3 federal constitutional challenges AND 1 NY state challenge that can be brought to exclude a confession?
Federal: 1) 14th Am: Due Process cl 2) 6th Am: Right to counsel 3) 5th Am: Miranda doctrine
NY: 1) 6th Am NY state const: ∆ can challenge under NY’s “indelible” right to counsel
What is the std for excluding a confession under the Due Process Cl of the 14th Am?
“Involuntariness” which means that the confession is the product of POLICE COERCION that overbears the suspect’s will
*Coercion has to come from law enforcement
What isthe 6th Am’s Right to Counsel AND when does it attach?
It is an express const. g’tee that attaches ONLY WHEN ∆ is formally charged (NOT upon arrest!) Applies at “all critical stages” of the prosecution that take place after formal charges (arraignment, probable cause hearings, police interrogation, etc). The right is “OFFENSE SPECIFIC”: applies ONLY to the offense with which the ∆ has been FORMALLY charged (i.e. provides NO protection for uncounseled interrogation for other uncharged criminal activity). Incriminating stmts obtained from the ∆ by law enforcement abt charged offenses violate the 6th Am IF those stmts are deliberately elicited AND ∆ did not KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY waive his right to have his atty present
**NOTE: a stmt obtained in violation of a ∆’s 6th Am Right to Counsel MAY be used to (only) IMPEACH the ∆’s contrary trial testimony NOTE: Right to counsel is available in MISDEMEANOR cases ONLY IF imprisonment is ACTUALLY imposed
What is the std for excluding a confession under NY STATE’s 6th Am’s Right to Counsel?
The NY “Indelible Right to Counsel” provides GREATER protection than the 6th Am. Attaches NOT ONLY at formal charging, BUT ALSO whenever there is significant judicial activity before fililng of an accusatory instrument where ∆ may benefit from counsel If ∆ is taken into custody for questioning on a charge AND the police are aware that he is rep’d by counsel on THAT charge, they may not question him re: THAT charge OR any other matter w/o his atty present. If a ∆ is rep’d by counsel, waiver of the indelible right to counsel MUST take place in the presence of the atty
What is the Miranda doctrine?
Miranda rights are IMPLIED rights grounded in the Self-Incrimination Cl of the 5th Am
What are the 4 core Miranda warnings?
1) the right to remain SILENT 2) anything you say can and will be USED AGAINST YOU in the ct of law 3) the right to an ATTORNEY 4) if you cannot afford one, an atty will be APPOINTED for you
When areMiranda warnings necessary? Two core reqs
1) when a person is in CUSTODY - 2 part totality of the circumstances test to determine this i) a reasonable person would not feel like she was at liberty end the discussion and leave AND ii) the environment presents the same inherently coercive pressures as the stain house questioning at issue in Miranda.
2) Interrogation: any conduct the police KNEW or SHOULD HAVE KNOWN was likely to elicit an incriminating response. NOTE: Miranda does NOT apply to incriminating stmts made SPONTANEOUSLY, since they are NOT the product of police interrogation
“Public safety” EXCEPTION: if custodial interrogation is prompted by an IMMEDIATE concern for public safety, THEN Miranda warnings are unnecessary and any incriminating stmts ARE admissible against the suspect
When are a suspect’s incriminating stmts admissible?
1) When the officer reasonably conveys to the suspect his core Miranda rights AND 2) thereafter obtains a VALID WAIVER of a suspect’s Miranda rights to SILENCE and COUNSEL.
When is a Miranda waiver valid ? 2 core reqs
A valid Miranda waiver MUST be…1) “Knowing and Intelligent”: when the suspect understands the NATURE of the rights AND the CONSEQUENCES of abandoning them; AND 2) “Voluntary”: when it’s NOT the product of police coercion
NY DISTINCTION: has a parent/child rule that if the police use deceception or concealment to keep a PARENT away from a CHILD who is being interrogated, the child’s waiver may be deemed INVALID.
NOTE: The waiver need not be “express”; it MAY be IMPLIED by course of conduct that indicates a desire to speak w/ police interrogators. The prosecution has the BURDEN OF PROOF in proving a valid waiver of a suspect’s Miranda rights by a PREPONDERANCE OF THE EVIDENCE
What are the limitations on evidentiary exclusion using the Miranda doctrine?
1) Incriminating stmts obtained in violation of Miranda are INADMISSABLE in the prosecutor’s case-in-chief, BUT may be used to impeach the ∆’s testimony on cross-examination.
2) Failure to give a Miranda warning does NOT require supression of the “physical fruits” (i.e. weapons) of incriminating stmts, PROVIDED the stmts were VOLUNTARY (i.e. no due process issues)
3) If a stmt is inadmissable b/c of a Miranda violation, SUBSEQUENT incriminating stmts made AFTER obtaining a Miranda waiver ARE ADMISSABLE (PROVIDED the initial, non-Mirandized stmt was NOT obtained thru use of inherently coercive police tactice, offensive to DUE PROCESS)
3) IF evidence that SHOULD have been excluded was improperly admitted, a GUILTY verdict will NOT be vacated IF the gov’t can prove (beyond a reasonable doubt) that the error was HARMLESS b/c the ∆ would have been convicted without the tainted evidence NOTE: this is ALSO the rule that applies to physical evidence improperly admitted under the 4th Am
How does a suspect invoke his right to remain silent and what happens thereafter?
Suspects must UNAMBIGUOUSLY invoke their right to remain silent. Once a suspect invokes the right to remain silent, police must “SCRUPULOUSLY HONOR” the invocation (i.e. they can’t badger the suspect). Police detectives MUST wait a sig. pd of time before re-initiating questioning AND must first obtain a valid waiver
How does a suspect invoke his right to counsel and what happens thereafter?
A suspect must make a request that’s SUFFICIENTLY clear that a reasonable officer in the same situation would understand the stmt as a request for counsel. Once a suspect “lawyer’s up”, ALL interrogation must cease UNLESS initiated by the suspect. Unlike the 6th Am, the 5th Am right to counsel is NOT offense-specific; THUS, interrogation must stop for ALL TOPICS (oustide presence of atty) once right to counsel is invoked Request for counsel expires 14 days after suspect is RELEASED from custody Waiver of the Miranda right to counsel after this pd is VALID, provided it’s knowing, intelligent and voluntary
